Probate is one of the most frequently misunderstood parts of settling an estate. Some executors expect it to be required and discover it is not. Others assume the process is simple and find it takes considerably longer than anticipated. The word itself can cause confusion because it means different things depending on the province, and in Quebec the concept works differently from the rest of the country.
This guide explains what probate is, when it is required, how long it takes, what it costs, and what happens in Quebec where the rules differ significantly from other provinces.
At a glance
Probate is the court process by which a will is validated and an executor is granted formal legal authority to administer an estate. Not every estate requires it. When it is required, fees are calculated as a percentage of the estate's value and vary considerably by province. In most provinces, the process takes between four and sixteen weeks for straightforward estates, though complex situations can take considerably longer. In Quebec, notarial wills do not require probate, which is one reason they are the most common type of will in that province.
What probate is
Probate is a legal process administered through the provincial court system. It serves two related purposes: confirming that a will is valid, and granting the executor named in that will the formal legal authority to act on behalf of the estate.
The document issued at the end of the process has different names depending on the province. In Ontario it is called a Certificate of Appointment of Estate Trustee. In British Columbia and most other provinces it is called a Grant of Probate. In Quebec, the equivalent process is called verification, and it works through either the Superior Court or a notary rather than through a separate probate court.
Once probate is granted, financial institutions, land registries, and other third parties accept the executor's authority to transfer or close accounts, sell property, and carry out the other tasks involved in settling the estate.
When probate is required
Not every estate needs probate. Whether it is required depends on the assets involved, how they are held, and the requirements of the specific institutions involved.
Probate is generally required in the following situations:
- The estate includes real estate held solely in the deceased's name. A land registry will not transfer title without a probated will or court order.
- The estate includes financial accounts above a certain threshold. Most banks and investment firms will not release accounts or transfer investments without a probated will when the account value exceeds their internal threshold, which typically ranges from ten thousand to fifty thousand dollars depending on the institution.
- The will is being contested. When a beneficiary or other interested party disputes the validity of the will, the court process of probate provides the mechanism for that dispute to be resolved.
- The executor needs legal authority to act with third parties who require formal confirmation. Some institutions and organizations will not deal with an executor without a court-issued document confirming their authority.
Probate is generally not required in the following situations:
- Assets held in joint tenancy with right of survivorship pass automatically to the surviving joint owner outside the estate entirely. This is common for jointly owned real estate and some bank accounts.
- Assets with named beneficiaries, such as life insurance policies, registered retirement savings plans, registered retirement income funds, and tax-free savings accounts, pass directly to those beneficiaries without going through the estate.
- Estates of modest value where all institutions involved are willing to release assets without a probated will. Some financial institutions have small estate procedures that allow accounts below a certain threshold to be released upon presentation of other documents, such as the death certificate and an indemnity agreement.
When uncertain about whether probate is needed, the executor should contact the relevant financial institutions and the provincial land registry directly to confirm their requirements. A notary or lawyer can also advise on the specific situation.
The probate process step by step
While the specific steps vary by province, the general process follows a similar pattern across most of Canada.
The executor begins by locating the original signed will and gathering the documents required for the application. These typically include the original will, the death certificate, a list of estate assets and their estimated values, and the required court forms, which vary by province.
The application is then filed with the provincial court in the jurisdiction where the deceased was ordinarily resident. Court staff review the documents to confirm they are complete and properly executed.
Once approved, the court issues the grant of probate or equivalent document. This document gives the executor formal legal authority to act on behalf of the estate. The executor can then present it to financial institutions, land registries, and other parties as required to carry out the administration of the estate.
The executor is also responsible for paying probate fees at the time of application. In most provinces, these fees are calculated based on the value of the estate and are paid directly to the court.
Timelines
Obtaining probate typically takes four to twelve weeks for a straightforward estate in most provinces. More complex situations, including those involving disputes among beneficiaries, incomplete documentation, or estates with assets in multiple provinces, can take considerably longer.
A few factors that affect the timeline:
- The completeness and accuracy of the application at the time of filing. Incomplete applications are returned for correction, which adds time.
- The volume of applications being processed by the court at a given time. Courts in major urban centres often have longer processing times than smaller regional courts.
- Whether any beneficiaries or other interested parties raise objections or require formal notice.
- Whether the estate includes assets in more than one province, which may require separate applications in each jurisdiction.
In Ontario specifically, the court has historically experienced significant processing delays. Executors in Ontario should not rely on probate being granted quickly, and should build a realistic timeline into their planning.
Costs by province
Probate fees in Canada vary more than most people expect. Some provinces charge fees based on a percentage of the estate's value. Others charge flat fees or tiered fees based on value ranges. A few charge very little.
The following gives a general picture of how fees are structured across the country, based on information current to 2025 and 2026. Fees change periodically and should always be verified with the relevant provincial court or a legal professional before relying on them for planning purposes.
British Columbia uses a tiered fee structure. No fee applies on the first twenty-five thousand dollars of estate value. Above that threshold, fees increase with estate value, reaching approximately 1.4 percent on the portion above fifty thousand dollars.
Alberta charges a relatively modest flat fee schedule based on estate value, with a maximum fee of approximately five hundred twenty-five dollars regardless of estate size. This makes Alberta one of the least expensive provinces for probate.
Saskatchewan charges fees on a sliding scale based on estate value, reaching approximately seven tenths of one percent at higher estate values.
Manitoba uses a tiered fee structure based on estate value.
Ontario has some of the highest probate fees in Canada. There is no probate fee for estates valued up to fifty thousand dollars. For estates exceeding this threshold, a tax of 1.5 percent applies to the amount over fifty thousand dollars. On an estate of five hundred thousand dollars, the fee would be approximately six thousand seven hundred and fifty dollars.
Quebec is addressed separately below.
New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland and Labrador each have their own fee structures, with Nova Scotia historically having among the highest rates in the country, reaching approximately 1.695 percent at higher estate values.
The territories generally charge modest flat fees.
In addition to court fees, executors typically also incur legal fees for assistance with the application, which can range from a few hundred dollars for straightforward estates to several thousand dollars for more complex ones.
Quebec: a different system
Quebec operates under the Civil Code rather than common law, and the way estates are settled differs in important ways from the rest of Canada.
In Quebec, the process of validating a will is called verification rather than probate. But whether verification is required at all depends on the type of will involved.
A notarial will takes effect upon death and is not subject to probate. The law recognizes notaries' status as public officers, which enables them to invest wills with authenticity. Notarial wills are the most common type of will in Quebec because if you create a notarial will, your estate is not subject to probate.
A holograph will and a will made before witnesses must be probated after the testator's death. In Quebec, this verification can be done by a notary or by the Superior Court. The cost and timeline are generally lower than for probate in common law provinces.
The person responsible for settling an estate in Quebec is called the liquidator, not the executor. The liquidator's role is broadly similar in scope, but the legal framework, steps, and terminology are governed by the Civil Code.
For estates in Quebec, the involvement of a notary from the beginning of the process is strongly recommended. Notaries in Quebec have a central role in succession law that does not exist in other provinces.
Assets that bypass probate
Understanding which assets bypass probate entirely is useful both for executors settling a current estate and for anyone planning their own estate.
The following types of assets generally pass outside the estate and do not require probate:
- Jointly held assets with right of survivorship, including real estate held in joint tenancy and some bank accounts
- Life insurance policies with a named beneficiary other than the estate
- Registered accounts including registered retirement savings plans, registered retirement income funds, and tax-free savings accounts with a named beneficiary
- Assets held in a living trust
Named beneficiary designations and joint ownership arrangements should be reviewed regularly. Outdated designations, such as a former spouse named as beneficiary on a registered account, can create complications that are difficult to resolve after a death.
Frequently asked questions
Does every estate in Canada require probate?
No. Many estates, particularly those where assets are held jointly or have named beneficiaries, can be settled without probate. Whether probate is required depends on the specific assets in the estate and the requirements of the institutions involved. When uncertain, the executor should contact the relevant institutions directly and consult a notary or lawyer.
How long does probate take in Ontario?
Ontario has experienced significant court processing delays in recent years. While straightforward applications are sometimes processed in four to eight weeks, timelines of several months have been common. Executors in Ontario should plan for a longer wait and should not commit to distributing the estate on a timeline that depends on probate being granted quickly.
Can an executor act before probate is granted?
In a limited way, yes. An executor can take steps to protect and secure estate assets, arrange the funeral, and notify relevant parties without waiting for probate. However, financial institutions, land registries, and other institutions that require a probated will before releasing assets cannot be dealt with until probate is granted.
Are probate fees the same as estate administration fees?
No. Probate fees, also called estate administration tax in Ontario, are paid to the provincial government as a percentage of the estate value. Estate administration fees are the separate costs of actually administering the estate, including legal fees, accounting fees, and any compensation paid to the executor. Both are deducted from the estate before distribution to beneficiaries.
Can probate fees be reduced through estate planning?
To some extent, yes. Strategies including holding assets jointly, designating named beneficiaries on registered accounts and insurance policies, and in some cases using dual wills for estates that include private company shares can reduce the portion of an estate subject to probate. These strategies have legal and tax implications that vary by situation, and professional advice is essential before implementing them.
What happens if there is no will?
When a person dies without a will, the estate is distributed according to provincial intestacy laws. The court will appoint an estate administrator rather than confirming an executor. The administrator must apply to the court for letters of administration, a process similar in structure to probate. The estate is then distributed according to the provincial formula rather than according to the deceased's wishes.
