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.
How much does a probate lawyer cost in Ontario?
Our probate legal fees start at $1,500 + HST for simple estates, with tiers of $1,800 + HST and $2,500 + HST depending on the complexity of the estate and the application. Legal fees are always quoted separately from court fees and disbursements, so you know exactly what you are paying before we begin.
How is Estate Administration Tax calculated in Ontario?
Estate Administration Tax (EAT), commonly called probate fees, is charged at $15 for every $1,000 of estate value above $50,000. The first $50,000 of the estate is exempt. For example, an estate valued at $500,000 would pay $6,750 in Estate Administration Tax. This tax is payable to the Minister of Finance when the probate application is filed with the court.
Who pays probate fees in Ontario?
Probate fees are paid from the assets of the estate, not from the executor’s personal funds. The Estate Administration Tax is paid as a deposit when the application is filed, and legal fees and disbursements are proper estate administration expenses reimbursable from the estate.
Are there any costs in addition to legal fees?
Yes. In addition to legal fees, every probate application involves fixed disbursements of $189 + HST, and where the court requires personal service of documents, a process server fee of approximately $90. The Estate Administration Tax is a separate court-payable amount based on the value of the estate. We break out each of these amounts separately in your quote.
Can probate fees be reduced or avoided?
In some cases, yes. Strategies such as joint ownership with right of survivorship and designated beneficiaries on life insurance, pensions, and registered accounts allow those assets to pass outside the estate, reducing the value on which Estate Administration Tax is calculated. Learn more about how to avoid probate in Ontario.
Does a small estate cost less to probate?
Estates valued at $150,000 or less may qualify for the simplified Small Estate Certificate process, which involves fewer forms and a faster application. Estate Administration Tax still applies to value above $50,000, but legal fees for small estates are typically at the lower end of our fee range.
How long does probate take in Ontario?
Where there are no issues with the application, a Certificate of Appointment of Estate Trustee is usually issued within 6 to 8 weeks of filing. Complex estates, deficiencies in the application, or disputes among beneficiaries can extend this timeline. Learn more about how long probate takes in Ontario.
How much does an estate have to be worth to go to probate?
There is no fixed monetary threshold for probate in Ontario. Whether probate is required depends on the type of assets and the requirements of the financial institutions holding them. Some institutions release small balances without a certificate, while others require probate regardless of value. Learn more.
Remember, our initial 15-minute consultations are always free, and we’re here to answer any additional questions you might have. Contact us today to get started.