Understand the cost of probate in Ontario.
Probate costs may include government Estate Administration Tax, lawyer fees and disbursements. Explore our fixed probate lawyer fees below and use our Ontario probate fees calculator to estimate the government tax payable by the estate.
Understanding Probate Costs
The cost of probate in Ontario generally includes three components: government Estate Administration Tax, probate lawyer fees if you retain a lawyer, and disbursements or other estate-specific expenses. Understanding these separate charges helps you estimate the application costs and compare legal-service quotes.
Commonly called Ontario probate tax, this government charge is separate from your lawyer’s fees. The estate value used for the calculation is rounded up to the nearest $1,000.
Shaikh Law Firm’s fixed legal fees range from $1,800 to $2,700 + HST for qualifying, uncontested probate applications. The applicable package depends on the type of application and the estate’s circumstances. We confirm the scope and fee in writing.
Our fixed office disbursement charge is $189 + HST. Depending on the estate, separate expenses may include certified documents, appraisals, process-server charges or an estate administration bond premium.
Example: Where the estate value used to calculate Estate Administration Tax is $500,000, the government tax is $6,750. Legal fees, HST and applicable disbursements are additional. The calculator in the next section estimates the government tax only.
Government tax calculation: Ontario Ministry of Finance — Estate Administration Tax .
Understanding the total cost
Estimate the Estate Administration Tax payable when applying for probate in Ontario.
This is the only debt deducted.
This calculator provides an estimate only and is not legal advice. The tax payable depends on the final value of the estate.
Enter the estate value to estimate the government Estate Administration Tax, commonly called probate tax. If you need help adding up the assets, select “Help me add it up.”
Use date-of-death values and the deceased’s ownership share of assets included in the estate. For guidance on what to count, see what assets are subject to probate in Ontario .
No. The calculator estimates government tax only. Probate lawyer fees, HST, office disbursements and applicable third-party expenses are additional.
For the cost of legal assistance, review our fixed-fee packages below or request a written probate quote. The applicable fee and scope are confirmed following review of the estate.
Fixed Fees · Clear Scope
Shaikh Law Firm offers fixed legal fees for qualifying, uncontested probate applications across Ontario. Our probate lawyer fees range from $1,800 to $2,700 + HST, depending on the application and the estate’s circumstances.
A fixed office disbursement charge of $189 + HST is additional. Government Estate Administration Tax and applicable third-party expenses are separate. Your fee and scope are confirmed in writing before work begins.
Small Estate Certificate
For qualifying applications through Ontario’s simplified Small Estate Certificate procedure.
$1,800 + HST
Fixed legal fee
Subtotal excludes HST, Estate Administration Tax and applicable third-party expenses.
QUOTEWith a Valid Will
For qualifying, uncontested applications where the deceased left a valid Will.
$2,250 + HST
Fixed legal fee
Subtotal excludes HST, Estate Administration Tax and applicable third-party expenses.
QUOTEWithout a Valid Will
For qualifying, uncontested applications to appoint an estate trustee where there is no valid Will.
$2,700 + HST
Fixed legal fee
Subtotal excludes HST, Estate Administration Tax and applicable third-party expenses.
QUOTEThe application type and work required affect the legal fee. A missing original Will, disputed appointment, foreign documents, bonding requirements or additional court proceedings may require further work and an individual quotation.
These packages cover the agreed probate application services. They do not represent a fixed price for administering the entire estate. Estate Administration Tax, applicable third-party expenses and services outside the agreed retainer are additional. Any further work and associated fees will be confirmed in writing before that work begins.
A Practical Cost Breakdown
This example shows the estimated probate application costs for a qualifying, uncontested estate with a valid Will, using $500,000 as the estate value for Estate Administration Tax purposes. It separates the government probate tax from Shaikh Law Firm’s legal fee, office disbursements and HST.
| Cost component | Amount (CAD) |
|---|---|
| Estate Administration Tax | $6,750.00 |
| Probate legal fee | $2,250.00 |
| Fixed office disbursements | $189.00 |
| HST on legal fee and office disbursements | $317.07 |
| Estimated total before other expenses | $9,506.07 |
No Estate Administration Tax is charged on the first $50,000. The remaining $450,000 is taxed at $15 for every $1,000.
$450,000 ÷ $1,000 × $15 = $6,750
In this example, the firm’s legal fee and office disbursements total $2,439 before HST, or $2,756.07 including HST. The government tax is a separate charge.
The estate value used for probate tax may differ from the family’s estimate of the deceased’s total wealth. See what assets are subject to probate in Ontario for further guidance.
Illustration only, not a quotation. This example excludes applicable third-party expenses, additional legal work and the costs of administering the estate after the probate application. The applicable fee, scope and anticipated additional expenses are confirmed in writing following review of the estate.
Understanding Estate Value
Ontario Estate Administration Tax is generally calculated using the date-of-death value of the assets covered by the estate certificate. Ownership arrangements and beneficiary designations can affect which assets are included. The estate value used for probate tax may therefore differ from the deceased’s total wealth.
Eligible encumbrances against included Ontario real estate, such as mortgages, collateral mortgages and liens, may generally be deducted from that property’s value. Most other debts and expenses, including credit cards, funeral expenses and probate lawyer fees, cannot be deducted when calculating Estate Administration Tax.
Joint ownership requires careful review. An additional name on a bank account does not necessarily establish beneficial ownership or a right to receive the funds outside the estate.
For detailed examples, read our guide to assets subject to probate in Ontario . Government guidance: Ontario Ministry of Finance .
Payment & Estate Funds
Estate Administration Tax and properly incurred probate legal fees and disbursements are generally payable from the estate. However, estate funds may not be accessible when payment is first required, so the estate trustee may need to advance money and seek reimbursement from the estate.
Estate Administration Tax is generally paid as a deposit when the probate application is filed with the court. Once the estate certificate is issued, the deposit becomes the tax payable. Where no tax is payable or the court authorizes a deferral, different payment arrangements apply.
Probate lawyer fees are separate from the government tax. Our retainer agreement sets out the required payment arrangements for legal fees and disbursements.
An estate may have substantial assets but insufficient accessible cash to pay the probate application costs. The proposed estate trustee should consider funding early, particularly where most of the estate’s value is tied up in real estate.
Depending on the circumstances, options may include a documented personal advance, arrangements with the institution holding estate funds, or an application for a court order deferring payment of Estate Administration Tax. Availability must be assessed for the particular estate.
Keep records of any personal advances. Retain invoices, receipts and proof of payment for estate expenses. Reimbursement depends on the nature of the expense, available estate funds and the circumstances of the administration.
Official guidance: Calculating and arranging payment of Estate Administration Tax .
Your Next Steps
Obtain a written breakdown of probate lawyer fees, office disbursements and anticipated additional expenses. Shaikh Law Firm assists executors and proposed estate trustees across Ontario, with virtual appointments available.
Submit your contact details and a brief summary. Let us know whether there is a Will, your relationship to the deceased and the approximate estate value, if known. You do not need every document ready to make an initial enquiry.
We identify the information needed to assess the application and applicable fee. Relevant details may include the Will, estate assets, proposed estate trustee, beneficiaries and any circumstances requiring additional legal work.
We confirm the legal fee, office disbursements, applicable HST and anticipated additional expenses separately from government Estate Administration Tax. Before proceeding, the retainer agreement sets out the services included and payment arrangements.
Mississauga head office · Serving clients across Ontario
Common Cost Questions
Answers to common questions about probate tax, lawyer fees and the cost of a probate application in Ontario.
Probate tax is the common name for Ontario’s Estate Administration Tax. It is a government charge associated with obtaining an estate certificate and is separate from probate lawyer fees, HST and disbursements.
Probate itself is the court process of obtaining the certificate. For the application requirements, see our guide to probate in Ontario .
Government Estate Administration Tax is $0 on the first $50,000 of estate value and $15 for every $1,000, or part thereof, above $50,000. The estate value is rounded up to the nearest $1,000 for this calculation.
For example, an estate valued at $500,000 for tax purposes attracts $6,750 in Estate Administration Tax. Legal fees, HST and applicable expenses are additional.
Lawyer fees depend on the application and the work required. Shaikh Law Firm offers these fixed legal fees for qualifying, uncontested probate applications:
The fixed office disbursement charge is $189 + HST. Government tax and applicable third-party expenses are separate. The fee and scope are confirmed in writing.
Having a Will does not automatically avoid probate or Estate Administration Tax. Whether a certificate is needed depends on the assets, ownership arrangements and the requirements of the institutions or organizations dealing with the estate.
A Will and a probate certificate serve different purposes. A valid Will alone may not be sufficient for a bank to release funds or for an estate property transaction.
Generally, yes, if the residence forms part of the estate covered by the estate certificate. Its date-of-death value, or the deceased’s ownership share, is generally included, less eligible encumbrances against that interest.
The principal residence exemption for capital gains does not itself exempt the property from Estate Administration Tax. A valid right of survivorship may affect whether the property forms part of the estate.
Estates valued at $150,000 or less may qualify for Ontario’s optional Small Estate Certificate process. This threshold is different from the $50,000 Estate Administration Tax exemption.
A qualifying small estate can still owe government tax on the portion above $50,000. Our legal fee for a qualifying Small Estate Certificate application is $1,800 + HST, plus office disbursements and applicable third-party expenses.
Yes. Government Estate Administration Tax, HST, office disbursements and applicable third-party expenses must be considered separately. Additional expenses may include appraisals, certified documents, process-server charges or estate administration bond premiums.
Tax preparation, estate accounting, property transactions, disputes and other estate administration work may require separate professional services or a further retainer.
No. An estate trustee may prepare and file an application personally. However, incomplete or incorrect forms, notices or supporting evidence can result in requisitions and delays.
A lawyer can assess the appropriate application, prepare documents and advise on procedural requirements. Learn more about our Ontario probate lawyer services .
The estate trustee may need to advance funds or explore payment arrangements with the institution holding estate money. A court-ordered deferral of Estate Administration Tax may be available in appropriate circumstances.
Keep records of personal advances. Properly incurred estate expenses may be reimbursable from estate funds, subject to the circumstances of the administration.
Appropriate estate planning may reduce Estate Administration Tax through valid beneficiary designations, genuine survivorship arrangements or properly prepared multiple Wills for suitable assets.
These arrangements can have significant legal and tax consequences. Adding a name to an account or property title is not a universal solution. Read our guide on how to avoid probate in Ontario before considering changes with professional advice.
Client Experiences
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Clear Fees · Ontario-Wide Service
Tell us briefly about the estate and whether there is a Will. Our team will contact you to discuss the application and confirm the applicable probate lawyer fees, scope of services and anticipated additional expenses.
Shaikh Law Firm
Mississauga head office · Serving clients across Ontario
Virtual appointments available