Cost of Probate, Legal Fees & Estate Administration Tax Calculator
Probate is the court process that confirms a deceased person’s last will is valid and grants the estate trustee (executor) the legal authority to administer the estate. In Ontario, the court confirms this authority by issuing a Certificate of Appointment of Estate Trustee. Where there is no will, the court appoints an estate trustee to distribute the estate under Ontario’s intestacy rules.
For a full explanation, see our complete guide to probate in Ontario
Probate fees in Ontario are officially called the Estate Administration Tax (EAT), which is $0 on the first $50,000 of an estate’s value and $15 for every $1,000 (1.5%) on the portion of the estate exceeding $50,000. EAT is a government tax payable when an application is filed with the Ontario Superior Court of Justice for a Certificate of Appointment of Estate Trustee, commonly referred to as probate.
$0 on the first $ 50,000. No Estate Administration Tax is payable on the first $50,000 of estate value.
The tax is calculated at $15 per $1,000 on the value exceeding $50,000.
Simple, uncontested probate files start from $1,500 + HST.
Ontario probate fees are calculated based on the total value of the estate being probated.
Probate fees are paid from the deceased’s estate, not personally by executors or beneficiaries. There is no inheritance tax in Canada.
Enter the total estate value to estimate the Estate Administration Tax payable in Ontario. This calculator is for general information only. Final figures should be confirmed with your lawyer before filing.
The Estate Administration Tax is separate from your lawyer’s fee. At Shaikh Law our estate lawyer fees for probate in Ontario range between $1,500 to $2,500 + Tax, for a simple uncontested Probate. Estate Administration Tax, court fees, and standard disbursements (process server approx. $90; fixed office disbursements $189 + HST) are charged in addition. Publication costs may apply where there is no will.
Where a probate application becomes contested among beneficiaries, an hourly fee applies. Depending on complexity, a block-fee retainer may be available.
Our estate litigation services include will challenges and defences, dependants’ support claims, defence of solicitor’s negligence, unjust enrichment, passing of accounts, quantum meruit claims, and will and trust interpretation.
Probate fees are paid from the deceased’s estate. The executor uses estate funds, for example, money from the deceased’s bank accounts, to cover the tax. The amount is deducted before distribution rather than charged personally to executors or beneficiaries.
The estate value used to calculate Estate Administration Tax generally includes assets owned solely by the deceased.
For more details, see what assets are subject to probate in Ontario.
There is no legal requirement to retain a lawyer to file a probate application in Ontario. However, a probate lawyer can draft the application in accordance with Ontario's Rules of Civil Procedure, reduce the likelihood of court returns, respond to court objections, and advise on protecting estate assets.
Estate Administration Tax must be paid by certified cheque or money order payable to the Minister of Finance and submitted with the probate application when filing with the court.
Where the tax is significant and liquid estate assets are limited, estate representatives may arrange advances or loans, or request a deferral with a lawyer's assistance.
Since January 1, 2020, the estate representative must file an Estate Information Return within 180 days of receiving the Certificate of Appointment of Estate Trustee. Where the deadline falls on a weekend or holiday, it extends to the next business day.
A person’s estate is the collection of their possessions, real estate, bank accounts, and other assets and liabilities left behind on death.
Probate is the legal process by which the court validates the deceased’s last will and confirms the estate trustee’s authority to distribute the estate. Where there is no will, the court appoints an estate trustee to distribute assets under Ontario’s intestacy rules. For a full explanation, see our complete guide to probate in Ontario
Yes. Probate fees apply to a principal residence owned solely by the deceased or held as tenants in common. Property held in joint tenancy with right of survivorship bypasses probate.
Probate fees are paid from the deceased’s estate and deducted before distribution. They are not charged personally to executors or beneficiaries.
Costs include the Estate Administration Tax, calculated at 1.5% on estate value over $50,000, plus fixed legal fees from $1,500 to $2,500 + HST for a simple, uncontested probate, together with disbursements and any third-party costs. The 15-minute consultation is free.
