Probate is the court process that confirms a will and authorizes the executor to act. Most provinces charge a fee tied to the size of the estate — and on a $1 million estate the difference between provinces can exceed $14,000. Here is what every province actually charges in 2026, and the legal strategies for reducing what your estate pays.
Probate (formally called 'application for a certificate of appointment of estate trustee with a will' in Ontario) is the court process by which a will is validated and an executor receives legal authority to administer the estate. Banks, land registries, and many financial institutions require a probate certificate before they will release assets to the executor.
Most Canadian provinces charge a fee for the probate process, calculated on the value of the estate that passes through it. In Ontario this is called Estate Administration Tax. In British Columbia and most other provinces it is called probate fees. The math is similar across most provinces but the rates vary significantly.
Probate fees as of January 2026 — confirm with the province before relying on these for an actual estate calculation:
On a $1 million estate that passes entirely through probate, this means roughly $14,250 in Ontario, $13,650 in BC, $7,000 in Saskatchewan, $525 in Alberta, and $0 in Manitoba. The variance is significant.
Quebec is the only province where a properly executed will may not require probate at all. Under the Civil Code of Québec, a notarial will (testament notarié) is signed before a Quebec notary, registered in the Register of Testamentary Dispositions and Mandates, and is treated as an authentic act — meaning it does not need to be probated to be enforceable.
Quebec wills made in the presence of witnesses (testament devant témoins) and holograph wills (testament olographe) do require court verification (vérification), which is the Quebec equivalent of probate. The court fee for verification is modest compared to common law probate fees.
This procedural difference is one reason why estate planning advice in Quebec emphasizes notarial wills more strongly than other provinces emphasize particular execution methods.
On November 6, 2020, Manitoba eliminated probate fees entirely. Prior to that, Manitoba charged 0.7% above $10,000. The change was retroactive: estates being administered at the time the law changed paid no probate fee.
Manitoba remains the only Canadian common law province with no probate fee. Court filing fees still apply, but they are nominal — typically under $100. This makes Manitoba uniquely friendly to estate administration from a fee perspective, although other administration costs (legal fees, accounting, executor compensation) are unaffected.
The standard tools for reducing the value of your probated estate:
Ontario allows the use of multiple wills as a probate-minimization tool, primarily for estates that include private corporation shares or other assets that do not require probate to transfer. A primary will covers assets that need probate (real estate, bank accounts in your sole name, registered investments without beneficiary designations). A secondary will covers assets that do not require probate (private corporation shares, personal effects, sometimes loans receivable).
Only the primary will is submitted for probate. The secondary will is administered privately. The estate pays Estate Administration Tax only on the value of the assets in the primary will — not the entire estate. On a business owner's estate this can save tens of thousands of dollars.
The strategy was endorsed by the Ontario Superior Court in Granovsky Estate v. Ontario in 1998 and is now common practice for incorporated business owners. It does require careful drafting — the two wills must coexist without one accidentally revoking the other.
Canadians aged 65 or older can create an alter-ego trust (for an individual) or joint partner trust (for spouses) under section 73(1) of the Income Tax Act. Assets transferred to the trust pass to the beneficiaries on death without going through probate, and the transfer to the trust does not trigger an immediate capital gains realization.
Alter-ego trusts are sophisticated vehicles. They have ongoing administration costs, tax filing requirements, and trustee duties. They are most useful for estates with significant non-registered investment portfolios where probate fees would be substantial and privacy is important.
This strategy is not appropriate for most Canadian estates. For typical homeowners with registered accounts and a modest non-registered portfolio, beneficiary designations and joint ownership accomplish most of what an alter-ego trust would, at zero ongoing cost.