Probate in Canada: Process and Fees, Province by Province
What probate means, when it is required, what it costs in Ontario, British Columbia, Alberta and Quebec, and the steps an estate representative actually has to take.
_This article is general information for Canadians, not legal advice. Estate law and probate fees are set province by province and change over time. Before you act on anything here, speak with a lawyer or notary licensed in your own province or territory._
Probate is one of those words that turns up the moment someone dies, usually without any explanation attached. At its simplest, probate is the court process that confirms a will is valid and formally appoints the person who has authority to deal with the estate. In Canada there is no single national probate system. Each province and territory runs its own rules, charges its own fees, and even uses its own vocabulary. What follows is a province-by-province tour of how it works and where the real differences lie.
What probate actually does
When you die, your bank accounts, investments and property do not automatically belong to whoever is named in your will. Someone has to prove they have the legal right to collect those assets, pay the debts, and pass the rest on. Probate is the mechanism that grants that authority. A court reviews the will (or, if there is no will, the application of the person seeking to administer the estate) and issues a document confirming who is in charge.
That document goes by different names depending on where you are. In most common-law provinces it is a "grant of probate." In Ontario it is a "Certificate of Appointment of Estate Trustee." Quebec, governed by the Civil Code of Quebec rather than the common law, does things differently again, as you will see below.
Probate is not always required. Banks, investment firms and provincial land titles offices are the usual gatekeepers. For larger account balances or to transfer real estate held solely in the deceased's name, they will typically insist on a grant before they release anything. Small estates and assets that pass outside the estate (more on those later) may avoid probate entirely.
Ontario: the Certificate of Appointment and the Estate Administration Tax
In Ontario the representative applies to the Superior Court of Justice for a Certificate of Appointment of Estate Trustee. The application triggers Ontario's Estate Administration Tax, the modern name for what most people still call the probate fee, set under the Estate Administration Tax Act.
Here is how the tax works. There is no tax on the first $50,000 of estate value, so an estate worth $50,000 or less pays nothing. Above that threshold, the rate is $15 for every $1,000 (or part of $1,000) of value over $50,000, which works out to roughly 1.5 per cent. So an estate of $500,000 pays tax on $450,000, for about $6,750. The tax is calculated on the gross value of the estate, with mortgages and other charges registered against real estate being one of the few deductions allowed.
Ontario's rates sit at the higher end nationally, which is why so much Ontario estate planning is built around keeping assets out of probate where it is lawful and sensible to do so. That planning should always be done with professional advice, because mistakes can backfire.
British Columbia: a grant of probate and a tiered fee
British Columbia uses a grant of probate issued by the Probate Registry of the BC Supreme Court, with probate fees set under the Probate Fee Act. The structure is tiered. No fee applies where the estate is under $25,000. From $25,000 to $50,000 the rate is $6 for every $1,000 (about 0.6 per cent). Above $50,000 the rate rises to $14 for every $1,000, roughly 1.4 per cent. A separate administrative filing fee of $200 applies to estates over $25,000.
In practical terms BC and Ontario land in a similar neighbourhood for larger estates, both in the ballpark of 1.4 to 1.5 per cent on the upper tier. Check the current schedule rather than relying on the rule of thumb.
Alberta: flat, capped surrogate fees
Alberta is the outlier that estate planners love to point to. Under the Surrogate Rules, Alberta charges a flat court fee based on the net value of the estate, and that fee is capped. The schedule runs in steps: a modest fee for the smallest estates, rising to a maximum of $525 for any estate valued over $250,000. That is not a typo. A $250,000 estate and a $5 million estate pay the same $525 in Alberta court fees.
Two things stand out. First, Alberta charges on the net value of the estate, after debts, unlike the gross-value approach used in several other provinces. Second, because the fee is capped so low and so early, the percentage-driven planning that dominates Ontario and BC matters far less in Alberta. The cost difference on a large estate can run into many thousands of dollars between provinces, which is why where someone lives and holds property is part of any serious estate conversation.
Quebec: notarial wills change everything
Quebec, operating under the Civil Code of Quebec, is genuinely distinct, and the difference is not just terminology. The key question is what kind of will you made.
A notarial will is prepared and executed before a notary and is what Quebec law calls an authentic act. Because it is already an authentic act, a notarial will does not need to be probated at all. There is no court verification step, which is one reason notarial wills are popular in the province.
The other two forms, a holograph will (written entirely in your own hand and signed) and a will made before witnesses, are different. These must be probated, which in Quebec means verified by a court or by a notary after death before they can be acted upon. Verification confirms the will exists and is in the proper form. Quebec also does not impose a percentage-based probate tax in the way Ontario or BC do; the costs are the fees charged for verification rather than a tax on estate value. In Quebec the estate representative is called the liquidator, another reminder that the vocabulary as well as the law is its own system.
The federal step everyone forgets: the CRA clearance certificate
Whatever province you are in, there is one Canada-wide step that catches estate representatives off guard. Before the representative makes the final distribution to beneficiaries, they should obtain a clearance certificate from the Canada Revenue Agency, applied for using Form TX19.
The clearance certificate confirms the CRA has been paid all amounts the deceased and the estate owe. Why it matters: if a representative distributes the estate before getting clearance and the CRA later finds taxes still owing, the representative can be held personally liable for the unpaid amount, up to the value distributed. Once the certificate is issued, that personal exposure is removed and the CRA must look to beneficiaries instead. Clearance can take many months, so it is a step to plan for.
Assets that skip probate entirely
Not everything you own passes through probate. Several common arrangements transfer directly:
Joint tenancy: property or accounts held in joint tenancy with right of survivorship usually pass to the surviving owner outside the estate.
Registered beneficiary designations: RRSPs, RRIFs and TFSAs that name a beneficiary directly generally pay out to that person without going through probate (Quebec treats designations differently, so confirm locally).
Life insurance with a named beneficiary pays directly to that person.
These tools are useful, but they are not free of consequences. Naming the wrong beneficiary, or relying on joint ownership to avoid fees, can create tax problems, family disputes or unintended disinheritance. This is squarely territory for professional advice.
A snapshot of how prepared Canadians are
The bigger problem, before fees enter the picture, is that many Canadians have no valid will at all. An Angus Reid Institute survey found that roughly half of Canadian adults do not have a will, a proportion that has held remarkably steady over several years. A CIBC poll captured the same disconnect: about 94 per cent of Canadians said everyone should have a will, yet only around 52 per cent actually had one. When there is no will, the estate is distributed under provincial intestacy rules and someone still has to be appointed to administer it, often a slower and more contested process.
Where Afterlife AI™ fits
Afterlife AI™ is not a substitute for a lawyer, a notary, or a probate court, and nothing it offers changes the legal steps above. What it does is help with the human side of being organised. Our Executor Lock™ feature lets you nominate and prepare the people who matter most, so that when the time comes they are not starting from a blank page. Executor Lock™ is a product feature for readiness and continuity. It is distinct from the legal role of an estate trustee, executor or liquidator, and it does not appoint anyone in law or replace a properly drafted will. Think of it as making the practical handover gentler, while your lawyer or notary handles the legal authority.
You can start building your Persona for free: 60 memories and 100 conversations, no card and no time limit, with one Trusted Contact and Executor Lock™ setup included and kept. Paid plans (Legacy at $14.99 per month and Eternal at $29.99 per month) are there if you want more.
Frequently asked questions
_The information below is general and not legal advice. Probate rules and fees vary by province and change over time. Confirm the current position with a lawyer or notary in your province before relying on any of it._