Written by Ron Cooke, President & Founder of Strategic Wealth Protection Partners in Ontario
Probate in Ontario
The cost of probate in Ontario depends on the total value of the deceased’s estate.
The probate fee, formally known as the Estate Administration Tax (EAT), is calculated as follows:
- $0 on the first $50,000 of the estate
- 1.5% (or $15 per $1,000) on the value above $50,000
For example, a $500,000 estate incurs a fee of $6,750. (See below for our Ontario probate calculator.)
Additional costs may include legal fees, court filing fees, and executor expenses. Some estates may qualify for a simplified probate process, reducing costs. Proper estate planning can help minimize probate fees where legally possible.
Ontario Probate Calculator
Ontario Probate Fee Calculator
Are Probate Fees the Same Across Canada?
No, probate fees vary by province in Canada.
Ontario has one of the highest probate fees, while provinces like Alberta and Quebec have lower or flat-rate fees. For example, Alberta charges a maximum of $525, while Quebec generally does not require probate for notarial wills.
British Columbia also has a tiered system, but at lower rates than Ontario.
Because probate fees are determined at the provincial level, estate planning strategies can differ depending on location. Understanding the specific rules in the relevant province can help minimize probate expenses and streamline the estate settlement process.
Can You Avoid Probate Fees in Ontario?
Yes, some estate planning strategies can help reduce or avoid probate fees in Ontario.
One common method is holding assets jointly with a right of survivorship, ensuring they pass directly to the surviving owner. Naming beneficiaries on registered accounts such as RRSPs, TFSAs, and life insurance policies also prevents these assets from going through probate.
Setting up an inter vivos trust (living trust) can remove assets from the estate, reducing probate fees. However, these strategies should be carefully planned with legal and financial professionals to ensure compliance with tax and estate laws while achieving the intended goals.
Do All Estates Need to Go Through Probate in Ontario?
No, not all estates require probate in Ontario.
If assets are held jointly with a right of survivorship or have named beneficiaries (such as life insurance or registered investment accounts), they bypass probate. Additionally, small estates may not require probate if institutions, such as banks, accept alternative documentation.
Estates consisting solely of assets in a private corporation may also avoid probate.
However, if the deceased owned real estate in their name alone or had significant assets without designated beneficiaries, probate is typically necessary. Executors should assess whether probate is required based on the estate’s structure and legal requirements.
How Long Does the Probate Process Take in Ontario?
The probate process in Ontario typically takes six to twelve months, but timelines vary depending on estate complexity and court processing times.
Simpler estates with clear documentation may be processed within a few months, while more complicated cases, including those with disputes or missing documents, can take over a year. Delays often arise if beneficiaries contest the will, creditors file claims, or the executor encounters administrative challenges.
Courts in larger jurisdictions may also experience longer processing times.
To expedite probate, executors should ensure all required documents are accurately completed and submitted as early as possible.
What Assets Are Exempt from Probate in Ontario?
Certain assets do not require probate in Ontario, reducing estate administration costs.
Jointly held assets with a right of survivorship, such as joint bank accounts and real estate owned with a spouse, pass directly to the surviving owner.
Life insurance policies, RRSPs, RRIFs, and TFSAs with named beneficiaries also bypass probate.
Assets held in an inter vivos trust are typically exempt as well.
Private company shares may avoid probate in some cases. While these exemptions help minimize probate fees, it is essential to structure the estate properly to ensure assets transfer smoothly to beneficiaries.
Read the Definitive Guide to Living Trusts in Ontario >
Discover How to Minimize Taxes and Secure Your Legacy
Did you know that without a solid estate plan, taxes and fees in Ontario could claim a significant portion of your wealth?
If you’ve worked hard to build your business, investments, and properties, protecting your legacy for your loved ones is critical. At Strategic Wealth Protection Partners, we specialize in helping high-net-worth individuals in Ontario secure their financial futures.
Our Living Estate Plan is designed to:
- Reduce estate taxes and probate fees.
- Simplify wealth transfer to your loved ones.
- Reflect your values and priorities in every detail.
Your Legacy Matters
With our personalized guidance, we’ll help you navigate options like Living Trusts to protect your assets and ensure your family’s peace of mind. Contact us today to book your Living Estate Plan Consultation and take the first step toward a secure future.
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Planning your legacy is about more than numbers—it’s about ensuring your family remembers you and your values are honoured for many years to come.
Estate planning and trusts can feel overwhelming, especially if it’s your first time. That’s why we’re here.
With our simple, 5-Step Living Estate Plan, we make the process easy, helping you create a comprehensive estate plan or trust that protects your assets from taxes and probate fees while preserving your legacy. Tools like The Final Word Journal capture your story, wishes, and essential details like accounts and end-of-life plans, ensuring your family has clarity and comfort.
Take the first step today—schedule a consultation call and give your family the ultimate gift: peace of mind and the assurance they were always your priority.
Read More
If you’re starting your estate planning process, you may find these articles helpful:
- How Much Does an Estate Have to Be Worth to Go to Probate in Ontario?
- Who Pays Probate Fees in Ontario?
- How to Avoid Estate Tax in Ontario
About the Author
RON COOKE, PRESIDENT & FOUNDER OF STRATEGIC WEALTH PROTECTION PARTNERS
With over 30 years in financial services, I’ve seen the challenges families face when a loved one passes—lost assets, unnecessary taxes, and emotional stress. That’s why I created the Living Estate Plan, a comprehensive process to protect assets, eliminate estate and probate fees, and create legacies that are remembered for many years to come.
This plan ensures your family receives not just your wealth, but a meaningful reminder of your care and love. Tools like The Final Word Journal capture your story, wishes, and essential details, offering clarity and comfort during difficult times.
Your final gift should be more than money—it should be peace of mind, cherished memories, and an organized estate.
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