Probate

What is Probate?

Probate is a legal process where a court recognises the validity of a will and affirms the appointment of the named executor(s). Each Province has their own distinct Probate process. For example, in Ontario the named executor(s) in a will apply to the Superior Court of Justice to get a Certificate of Appointment of Estate Trustee, granting them legally authority to act for the Estate. In Nova Scotia, the named executor(s) applies to the Court of Probate for Nova Scotia and receives a Grant of Probate to act as personal representative of the Estate.

Does every Estate need Probate?

No. Probate is necessary in the following circumstances:

i. A bank requires it when the deceased person has a bank account over a certain threshold amount – each bank sets their own threshold;

ii. There is real estate in the Estate and the property registry requires the Estate to go through Probate to sell or transfer ownership of real estate; and

iii. The Estate is involved in litigation and a the executor needs to get legal authority to represent the Estate in a court claim.

Is there Probate fees or taxes?

Yes, all provinces with the exception of Manitoba charge some kind of fee when an Estate goes through Probate. Provinces such as Prince Edward Island and Alberta have low Probate Fees. Provinces such as Nova Scotia, Ontario and British Columbia charge a percentage of the overall Estate and have the highest Probate fees.

How long does the Probate process take?

There is no fixed timeline. However, it usually takes a minimum of 12 to 18 months to complete.

Do you need a lawyer to help with Probate?

No, but legal advice and assistance is highly recommended. A competent lawyer can help the executor(s) navigate the Probate process more quickly than someone who is not familiar with the process and give good advice on how an executor carries out their duties and obligations to the Estate and beneficiaries.

Latest news

Discover recent judgements, news and insight into our expertise.

View All News

Do you need to be an Executor if you are named as one in a Will?

Jun 10, 2025

When someone is named as an Executor in a Will, it is the wish of the person who made the Will that the named person be their Executor. However, it does not legally bind the named Executor to do that job. The named Executor has the ability from the get go to renounce...

You’re appointed to be someone’s Executor…now what?

May 26, 2025

Being an Executor is a job and needs to be treated like one. There are specific and enforceable legal obligations. It cannot be treated as a weekend or evening hobby that you do when it fits your schedule. There are reporting obligations to beneficiaries, tax filing...