Probate Fee Calculator

What Is Probate and Why Does It Cost So Much?

Probate is the legal process where a court validates your will and grants your executor authority to distribute assets. In most provinces, this comes with a fee called the Estate Administration Tax. The fee is based on the total value of assets that pass through your will.

The key word is "through your will." Assets that bypass the will — jointly owned property, registered accounts with named beneficiaries, or trust-held assets — are not subject to probate. This distinction is the foundation of every avoidance strategy.

In Ontario, the fee is $0 on the first $50,000 and 1.5% on everything above. On a $1 million estate, that's $14,250. On $3 million, it's $44,250.

The Dual-Will Strategy (Granovsky Method)

The dual-will strategy is the most powerful tool for Ontario business owners, upheld since 1998. You create two wills:

• Primary Will: Covers assets requiring a probate grant — real estate, publicly traded securities, bank accounts. This pays the 1.5% tax.
• Secondary Will: Covers assets that don't need probate — shares in private corporations, household goods, personal effects. No probate fee is charged.

For a business owner with a $2M company, the secondary will saves $30,000. For families with $10M in private holdings, savings reach $150,000. This is legal and widely used.

Caveat: The dual-will strategy is mainly used in Ontario and BC. In provinces with flat fees (Alberta $525 max, Quebec $200), the savings are negligible.

Joint Tenancy: Simple But Risky

Adding a child as Joint Tenant with Right of Survivorship bypasses probate — but carries serious risks:

• Tax Risk: Adding a child to your home title can trigger capital gains tax if it's not their principal residence.
• Creditor Risk: Your child's creditors can go after the property. In divorce, it could become a matrimonial asset.
• Loss of Control: You can't sell or mortgage without the joint tenant's consent.
• Unfair Distribution: Joint tenancy only works fairly with one child. With multiple children, it creates disputes.

Beneficiary Designations: The Free Bypass

The simplest way to avoid probate on registered accounts is naming a beneficiary directly:

• RRSPs and RRIFs — name your spouse for tax-free rollover, or children as direct beneficiaries
• TFSAs — name a "successor holder" (spouse) or beneficiary
• Life Insurance — proceeds go directly to beneficiaries, completely bypassing probate

Naming "my estate" as beneficiary is the worst choice — it triggers probate fees AND creates creditor exposure.

Alter Ego Trusts for High-Net-Worth Canadians

If you're 65+ with a substantial non-registered portfolio, an Alter Ego Trust transfers assets into a trust during your lifetime. You maintain control and income, but on death, assets distribute without probate.

Benefits beyond probate: privacy (trust documents aren't public), protection from will challenges, and continuity if you become incapacitated. Setup costs $3,000-$10,000 but for estates above $500,000, the probate savings justify it.

Provincial Rate Comparison

• Ontario: 1.5% above $50,000 — most expensive for large estates
• BC: 1.4% above $50,000 — close second
• Nova Scotia: Up to 1.695% above $100,000 — highest marginal rate
• Alberta: Flat fees capped at $525 regardless of estate size
• Quebec: $200 flat fee (notarized wills bypass probate entirely)

If you own property in multiple provinces, your executor may need probate in each jurisdiction. Ontario residents with BC cottages face probate in both provinces.

Estate Freeze Strategy

For business owners, an estate freeze locks current share value and issues growth shares to the next generation. This caps probate exposure, limits capital gains on death, and facilitates succession.

Life Insurance as Probate Bypass

Life insurance paid to named beneficiaries is exempt from probate, income tax, and creditor claims. For a $600,000 RRIF creating a $300,000 final tax bill, a matching life insurance policy ensures the family receives full value while keeping proceeds outside the estate.