The law of probate in Canada depends on the province. Please see below:<\/p>\n
\u2022 Alberta<\/a> Is a grant of probate required?<\/strong><\/p>\n Generally, a grant of probate is required by institutions such as banks or land transfer agencies as proof that the executor has been certified by the court as having authority to act on behalf of an estate. In some situations a grant of probate is not required, which are outlined below.<\/p>\n What are the exceptions where a grant of probate is not required?<\/strong><\/p>\n A grant of probate is not always necessary to transfer: How do I obtain a grant of probate?<\/strong><\/p>\n Step 1 Three main types of grants may be obtained:<\/p>\n (1) If the will names a person to be the executor, that person should apply for a grant of probate<\/em><\/strong>.<\/p>\n (2) If the will does not name anyone as executor or the person named as executor is unable or unwilling to act, it will be necessary to apply for a grant of administration with will annexed<\/em><\/strong>.<\/p>\n (3) If the deceased died without a will, a potential personal representative will need to obtain a grant of administration<\/em><\/strong>.<\/p>\n Other types of grants may be sought for more complex situations. Such grants should be pursued with legal assistance.<\/p>\n Step 2<\/strong><\/p>\n All of the required forms must be filled out in order to apply for the appropriate grant. A probate forms package is available for purchase from the Government of Alberta<\/a>. You do not require a lawyer to complete the forms; however, legal advice is recommended. Lawyers have access to a new Surrogate Digital Service which can streamline the process and shorten the waiting time for a grant of probate by several months.<\/p>\n How much does it cost to obtain a grant of probate in Alberta?<\/strong><\/p>\n The charges for a grant of probate in Alberta are determined based on the value of the estate in Alberta, as follows*:<\/p>\n (a) $35 for an estate worth up to $10,000 If a lawyer is retained, legal fees will be in addition to Court fees.<\/p>\n Top<\/a><\/p>\n In British Columbia, probate is also referred to as an \u201cestate grant\u201d or \u201crepresentation grant\u201d.<\/p>\n Is an estate grant required? <\/strong><\/p>\n Generally, an estate grant is required by institutions such as banks or land transfer agencies as proof that the executor has been certified by the Court as having authority to act on behalf of an estate.<\/p>\n What are the exceptions where an estate grant is not required? <\/strong><\/p>\n An estate grant is not always necessary to transfer:<\/p>\n How do I obtain an estate grant? <\/strong><\/p>\n Step 1<\/strong><\/p>\n The first step is to determine the type of estate grant which needs to be requested from the Court.<\/p>\n Three main types of estate grants may be obtained:<\/p>\n Other types of grants may be sought for more complex situations. Such grants should be sought with legal assistance.<\/p>\n Step 2<\/strong><\/p>\n All of the required forms must be filled out in order to apply for an estate grant. A\u00a0guide <\/a>(PDF) to estate grant forms can be found on the Government of British Columbia website. The forms <\/a>themselves are also available.<\/p>\n What is the cost of obtaining an estate grant of probate? <\/strong><\/p>\n Whenever a grant of probate or administration is required, British Columbia charges a fee, called a \u201cprobate fee\u201d, based on the value of estate assets at the date of the person\u2019s death*:<\/p>\n *valid as of December 2022.<\/em><\/p>\n Estates with a value of $25,000 or less will not have probate fees. For estates with a gross value of over $25,000, court filing fees of $200 will be charged in addition to any applicable probate fees. Other grants may have additional or alternative fees.<\/p>\n Where do I file an estate grant application? <\/strong><\/p>\n Estate grant applications need to be filed at a British Columbia Supreme Court registry. The British Columbia Justice website contains a list of British Columbia Supreme Court registries <\/a>(PDF).<\/p>\n Is a grant of probate required? <\/strong><\/p>\n Generally, a grant of probate is required by institutions such as banks or land transfer agencies as proof that the executor has been certified by the court as having authority to act on behalf of an estate. There are some situations for which a grant of probate is not required, which are outlined below.<\/p>\n What are the exceptions where a grant of probate is not required? <\/strong><\/p>\n A grant of probate is not always necessary to transfer:<\/p>\n In cases where a deceased left a Secondary Will (usually, covering interests in a private corporation (shares, shareholder loans, etc.)) and a Primary Will (usually, covering all other estate assets) and in the absence of an objection or opposition by the Attorney General, courts in Manitoba have also permitted grants of probate, limited to the estate covered by the Primary Will. However, such a limited grant cannot be sought if the deceased only left one Will.<\/p>\n How do I obtain a grant of probate? <\/strong><\/p>\n Step 1 <\/strong><\/p>\n The first step is to determine the type of grant which needs to be requested from the Court. Other types of grants may be sought for more complex situations. Such grants should be pursued with legal assistance.<\/p>\n Step 2<\/strong><\/p>\n Certain documents are required for each grant application. Court forms can be obtained from the following website: https:\/\/web2.gov.mb.ca\/laws\/rules\/forms_e.php<\/a><\/p>\n Where do I file the grant application?<\/strong><\/p>\n The grant application and other forms can be filed at any Judicial Centre of the Manitoba Court of King\u2019s Bench, a list of which can be found https:\/\/www.manitobacourts.mb.ca\/court-of-queens-bench\/location-and-contact-info\/<\/a><\/p>\n How much does it cost to obtain a grant of probate in Manitoba? <\/strong><\/p>\n Probate Fees<\/p>\n Probate fees were eliminated in Manitoba as of November 6, 2020. Accordingly, requests for probate, administration, or resealing in Manitoba no longer require payment of a probate fee (previously, $70 for the first $10,000 of an estate, and $7 for every additional $1,000 or fraction thereof). The applicable legislation, now renamed The Court Services Fees Act (Manitoba)<\/em>, still maintains that the Court may charge a processing fee for such requests; however, the fee would need to be prescribed by regulation and is expected to be nominal.<\/p>\n Other Fees<\/strong><\/p>\n Current fees for applications, etc. can be found by following this link: https:\/\/www.gov.mb.ca\/justice\/courts\/fees.html<\/a><\/p>\n The process of probate in New Brunswick is concluded by the Probate Court issuing what is known as \u201cLetters Probate\u201d or \u201cLetters of Administration\u201d.<\/p>\n Is probate required in New Brunswick?<\/strong><\/p>\n In New Brunswick, probate of an estate is often required where the deceased owns an interest in real estate or land. In addition, it is generally required by financial institutions as proof that an individual (generally the executor) has been certified by a Court as having the authority to act on behalf of an estate. In addition to the foregoing most common reasons, there may be additional reasons particular to an estate that would require probate of that estate.<\/p>\n What are the exceptions where probate is not required?<\/strong><\/p>\n In the Province of New Brunswick, probate may not be necessary if it is a very small estate or the estate is left entirely to the executor or the surviving spouse and it is unlikely to be challenged. Probate of an estate is not generally necessary to transfer:<\/p>\n How do I obtain probate?<\/strong><\/p>\n Step 1<\/strong><\/p>\n The first step is to determine the type of estate grant which needs to be requested from the Court.<\/p>\n Three main types of estate grants may be obtained:<\/p>\n Other types of grants may be sought for more complex situations. Such grants should be pursued with legal assistance.<\/p>\n Step 2<\/strong><\/p>\n All of the required forms and accompanying documents together with the probate fee must be filed in order to apply for an estate grant. The designated forms can be found on the New Brunswick Probate Court website<\/a>.<\/p>\n Where do I file the probate application?<\/strong><\/p>\n The probate application should be filed at the New Brunswick Probate Court Location in the jurisdiction in which the deceased resided at the time of death or where the deceased\u2019s property is located. A list of Court locations is available online<\/a>.<\/p>\n How much does it cost to obtain probate in New Brunswick?<\/strong><\/p>\n New Brunswick has both a probate tax and probate fees. All probate applications are subject to probate tax, but standard requests for probate are generally not subject to probate fees.<\/p>\n New Brunswick probate taxes are dependent on the value of the estate. As of December 2022, the amount of tax payable is as follows*:<\/p>\n Where the value of the estate:<\/p>\n
\n\u2022 British Columbia<\/a>
\n\u2022 Manitoba<\/a>
\n\u2022 New Brunswick<\/a>
\n\u2022 Newfoundland and Labrador<\/a>
\n\u2022 Northwest Territories<\/a>
\n\u2022 Nova Scotia<\/a>
\n\u2022 Nunavut<\/a>
\n\u2022 Ontario<\/a>
\n\u2022 Prince Edward Island<\/a>
\n\u2022 Qu\u00e9bec<\/a>
\n\u2022 Saskatchewan<\/a>
\n\u2022 Yukon<\/a><\/p>\nProbate in Alberta<\/h2>\n
\n\u2022 Real estate that is jointly owned;
\n\u2022 Insurance proceeds that are payable to a named beneficiary;
\n\u2022 Joint bank accounts (although in some cases such accounts are the property of the estate);
\n\u2022 Registered government securities (under certain circumstances);
\n\u2022 Registered savings plans and Tax-Free Savings Accounts with a named beneficiary;
\n\u2022 Certain corporate securities such as private corporation shares and shareholder loans;
\n\u2022 Personal items;
\n\u2022 Automobiles and other vehicles;
\n\u2022 Canada Pension Plan Survivor\u2019s Benefits; and
\n\u2022 Veteran\u2019s pensions.<\/p>\n
\n<\/strong>
\nThe first step is to determine the type of grant which needs to be requested from the Court.<\/p>\n
\n(b) $135 for an estate worth between $10,000 and $25,000;
\n(c) $275 for an estate worth between $25,000 to $125,000;
\n(d) $400 for an estate worth between $125,000 to $250,000; and
\n(e) $525 for an estate worth over $250,000.
\n*as of December 2022.<\/em><\/p>\nProbate in British Columbia<\/h2>\n
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\nEg. If the estate is worth $35,100 the charge would be:
\n35,100 \u2013 25,000 = 10,100
\n10,100 \/ 1,000 = 10.1 (11)
\n11*$6 = $66<\/em><\/li>\n
\nEx. If the estate is worth $100,000 the charge would be:
\n$150 for the first $50,000 plus;
\n100,000 \u2013 50,000 = 50,000
\n50,000 \/ 1,000 = 50
\n50*$14 = $700
\n$150 + $700 = $850<\/em><\/li>\n<\/ol>\nProbate in Manitoba<\/h2>\n
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\nThree main types of grants may be obtained:<\/p>\n\n
Probate in New Brunswick<\/h2>\n
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