Probate Fees in Ontario

Probate Fees in Ontario

Probate Fees in Ontario Calculator

An Estate Administration Tax is also known as Probate fees, Probate Tax, or Probate Cost in Ontario.  The Probate Fees are paid to the Ontario Government when a probate application is filed before the law court. The Probate fees are calculated based on the total estate value to be probated by the court. Use our probate fees in Ontario Calculator to calculate your official probate cost in Ontario.

In Ontario, updated 2020 probate fees are:

  • $0 for every assets up to $50,000, and 
  • $15 on every $1,000 of assets over $50,000.
probate lawyer fees
How do I check the status of my probate in Ontario

Probate Fees in Ontario Calculator

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What Our Probate Lawyer Can Do For You

Probate with a Will

Contested Probate

Probate without a Will

probate legal fees

Do you need a lawyer to file for a Probate Application?

No. A short answer is you do not need a lawyer to file for a probate application. There is no legal requirement to hire a lawyer to file a probate application in Ontario.

However, it is essential to understand that a probate lawyer would be qualified to draft the probate application as per Ontario’s civil procedure rules. The Chances of rejection of a probate application would be less if you were to retain an estate & probate lawyer who is more experienced in drafting such applications. Your lawyer will be responsible for attending to any court objections and resolving such complaints to the judge’s satisfaction.

A probate lawyer can advise on how to file a probate application in a tax-efficient way and guide you to take steps to protect your assets and what other measures are needed other than probate application.

A probate lawyer will be your go-to person if you run into a problem when distributing the assets.

PROBATE LAWYER ONTARIO

Choose your Package

SIMPLE

Small Estate
$ 1500 + HST
  • Estate Value Less than $50,000
  • Will Present
  • Will Not Disputed
  • Legal Advice on Estate Laws
  • Consultation with Probate Lawyer
  • Review of All Documents
  • Drafting of Court Documents
  • Submission of Court Documents
  • Probate Tax NOT INCLUDED
  •  
Lowest Fees

SIMPLE

No Will
$ 2500 + HST
  • Multiple Beneficiary
  • Will NOT Present
  • Distribution of Assets not contested
  • Legal Advice on Estate Laws
  • Consultation with Probate Lawyer
  • Review of All Documents
  • Drafting of Court Documents
  • Submission of Court Documents
  • Probate Tax NOT INCLUDED
  •  
Popular

SIMPLE

Multiple Beneficiary
$ 1800 + HST
  • Estate Value More than $50,000
  • Will Present
  • Will Not Disputed
  • Legal Advice on Estate Laws
  • Consultation with Probate Lawyer
  • Review of All Documents
  • Drafting of Court Documents
  • Submission of Court Documents
  • Probate Tax NOT INCLUDED
  •  

Our Wills & Estates Lawyer Fees Structure is Transparent in accordance with the Law Society Rules 4.2-2.1

Cheap Estate Lawyer Fees for Probate in Ontario

Small & Simple Estate Less than $50,000/-

Our Estate Lawyer Fees for small & simple estate valued less than $50,000/- with one beneficiary only, Legal Fees is $1,500.00 +Tax 

What is Included in the Probate Legal Fees and when to select this package

  • Will Present
  • Will Not Disputed
  • Estate Value is less than $50,000
  • Only one beneficiary
  • Consultation Estate & Probate Lawyer
  • Review of All Documents
  • Drafting of Court Documents
  • Submission of Court Documents
  • Law Office Disbursements Included

NOT INCLUDED IN LEGAL FEES;

  • Probate Tax/Court Fees;
  • Cost of Process Server $90 ( Estimated)

Simple Probate with a Will

Our Estate Lawyer Fees for small & simple estate valued more than $50,000/- with one beneficiary only, Legal Fees is $1,800.00 +Tax 

What is Included in the Probate Legal Fees and when to select this package

  • Will Present
  • Will Not Disputed
  • Estate Value is more than $50,000 or 
  • Multiple beneficiaries
  • Consultation Estate & Probate Lawyer
  • Review of All Documents
  • Drafting of Court Documents
  • Submission of Court Documents
  • Law Office Disbursements Included

NOT INCLUDED IN LEGAL FEES;

  • Probate Tax/Court Fees;
  • Cost of Process Server $90 ( Estimated)
Lawyer Fees for Probate in Ontario
Estate Lawyer Fees for Probate in Ontario without a Will

Simple Probate but Will NOT AVAILABLE

Our Estate Lawyer Fees for a probate application is $2,500.00 +Tax if a Will is not present

What is Included in the Probate Legal Fees and when to select this package

  • Will NOT present
  • Distribution of assets is not disputed
  • Estate Value is more than $50,000 or Estate value not known.
  • Multiple beneficiaries
  • Consultation Estate & Probate Lawyer
  • Review of All Documents
  • Drafting of Court Documents
  • Submission of Court Documents
  • Law Office Disbursements Included

NOT INCLUDED IN LEGAL FEES;

  • Probate Tax/Court Fees;
  • Cost of Process Server $90 ( Estimated)
  • Cost of Publication if required.

Get Started Online

It will take less than two minutes to get started online.  All we need is your contact information.

Contested Probate Application

Estate Litigation

It is common for a probate application to become complicated and highly contentious among beneficiaries. Estate litigation can get complicated not only because of complex legal principles and rules but also due to emotions and family relationships. You want to make sure you retain an Estate Litigation lawyer who can help you navigate through the process efficiently and effectively. 

Our Probate Lawyer can help you with the following areas of estate litigation: 

  • Challenging a Will and any defences 
  • Dependants’ support and relief claims
  • Defence of solicitor’s negligence
  • Unjust enrichment
  • Passings of accounts
  • Quantum meruit claims
  • Will & trust interpretation under estate laws

An hourly legal fee applies for a contested probate application. However, depending on the matter’s complexity, we can offer block fees retainer to our clients. Please contact us to set up a free 15-minute consultation. 

We Will Help You Every Step Of The Way

Free Consultation

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Probate Fees & Taxes

Probate Fees Calculator

When an estate in Ontario is probated, “probate fees” or as they are more commonly referred to in Ontario “estate administration tax” must be given to the state.

When an estate in Ontario is probated, “probate fees” or as they are more commonly referred to in Ontario “estate administration tax” must be given to the state.

These fees are paid from the estate in question and are not required to be paid by the executors or trustees of the estate.

 

How is Estate Administration Tax Calculated?

 

The value of the estate that is probated is used to calculate the amount of the probate fees as follows:

  • $5 per $1000 of estate assets up to $50,000, and $15 per $1000 of any estate assets over the value of $50,000

It is important to note that Estate Administration Tax (or EAT) is a tax on “assets” and not as is the norm in Canada an income tax.

Estate Assets – What Must be Included?

 

When it comes to the paying of EAT the deceased’s estate that is subject to probate is made up of all the assets which were owned by the deceased; the following must be included:

  • Any real estate that is owned in Ontario is included, minus the total value of any encumbrances that might be linked to that real estate. These could include such things as a mortgage or a lien. Therefore any outstanding values relating to a mortgage should be deducted, this includes HELOC, Lien or any charge that is registered against the land if it is located in Ontario Any real estate that was owned in “joint tenancy” where there is a right to survivorship in place, should not be included. In cases where there is real estate owned “as tenants in common” no proportionate value should be included either.
  • Any personal property that belonged to the deceased including:
    • Any and all investments (excluding any such items where there is a named beneficiary – for example pensions, TFSA’s, RRSP’s and RRIF’s where the beneficiaries are someone other than the estate)
    • Any and all bank accounts except for any that were held in joint names
    • Any and all vehicles including those of a recreational nature
    • Any collections such as coins, cards etc
    • Furniture

No deductions are made for any debts that are not protected by “encumbrances” against real estate in Ontario.

In the case of credit card debt, student debt, car loans, investment loans, margin debt, personal debt or tax arrears there will be no deductions made, unless the debt is secured with a charge against any real estate in Ontario. For mortgages or any other charge that is registered against a property that is located outside Ontario, there is also no deduction. You are not required to deduct the amount that has been secured if the debt has been secured with a lien or a charge against the land.

EAT is always assessed on the market value, at a fair rate, of the assets of the deceased. This is subject to probate on the date of death. When it comes to selling costs (for example real estate commission), there is no deduction. It is the responsibility of the estate trustee to document and retain any copies of the basis of the assessment made into the value of the estate, this should include any estimates that have been received from experts or appraisers. If the asset in question is not going to be sold to a purchaser at “arm’s length” to the estate (for example real estate of something such as art that is passed to a beneficiary), this is particularly important.

Exclusions

For EAT purposes the following are not considered to be assets of the estate, they do not need to be declared on an EAT return:

  • Real estate located outside Ontario
  • Any real estate subject to “joint tenancy with a right to survivorship” – on the death of one owner the title is not transferred the surviving owner simply becomes the sole owner
  • Any life insurances that is passed to a named individual
  • Any jointly held bank accounts

Paying the EAT

A certified cheque or money order is generally used to pay the EAT in full, at the point where the probate application is filled. Uncertified personal checks are not accepted.

On occasion, the EAT can be advanced as a loan that is made to the estate on behalf of the beneficiary or estate trustee. After probate, this loan is repaid from assets of the estate.

In cases where the EAT is a large amount, and insufficient funds are held by the trustees or beneficiaries of the estate that can be lent to the estate then there is a possibility that the funds to pay the EAT can be obtained from cash or investments that were held by the deceased. In order to do this, a request is made to the financial institution that they provide a bank draft. This should be payable to the Ministry of Finance in respect of the probate. The best way to achieve this is via a formal request from the probate lawyer who is assisting the estate trustee.

If a special application is made to the court, usually with the help of an estate lawyer, it is possible to obtain a deferral of EAT. These require care and are not done automatically. In general, is it necessary to show that there are no liquid assets in the estate but that Ontario real estate is a part of the estate. Deferrals usually have a time limit (e.g. 90 days), and it is necessary to have a personal undertaking from the trustees of the estate that payment will be made.

The EAT Return

The EAT return must be filed by the estate trustee in the 90 days following receipt of the Certificate of Appointment of Estate Trustee. All assets of value in the estate, to which EAT is applicable, must be listed in detail Filing a false EAT return is a serious offence.

Updates, Estimates and Refunds

A probate application may be based on an “estimated” value. When values are not known to the estate trustee before probate, this may be used.

It is the duty of the estate trustee to file and update the EAT application, and they should also pay any supplementary EAT that is due in an appropriate amount of time once the change in value becomes reasonably accepted to the estate trustee. It should be remembered that this is in respect of cases where the value of the estate was undervalued on death. When estate values appreciate following death, but before sale, this gain means a taxable income is applicable to the estate but there is no need to refile or for more EAT to be paid.  It is possible that an overpayment of EAT might be obtained; however, this is difficult to do and does not always succeed.

These fees are paid from the estate in question and are not required to be paid by the executors or trustees of the estate.

How is Estate Administration Tax Calculated?

The value of the estate that is probated is used to calculate the amount of the probate fees as follows:

  • $5 per $1000 of estate assets up to $50,000, and $15 per $1000 of any estate assets over the value of $50,000

It is important to note that Estate Administration Tax (or EAT) is a tax on “assets” and not as is the norm in Canada an income tax.

Estate Assets – What Must be Included?

When it comes to the paying of EAT the deceased’s estate that is subject to probate is made up of all the assets which were owned by the deceased; the following must be included:

  • Any real estate that is owned in Ontario is included, minus the total value of any encumbrances that might be linked to that real estate. These could include such things as a mortgage or a lien. Therefore any outstanding values relating to a mortgage should be deducted, this includes HELOC, Lien or any charge that is registered against the land if it is located in Ontario Any real estate that was owned in “joint tenancy” where there is a right to survivorship in place, should not be included. In cases where there is real estate owned “as tenants in common” no proportionate value should be included either.
  • Any personal property that belonged to the deceased including:
    • Any and all investments (excluding any such items where there is a named beneficiary – for example pensions, TFSA’s, RRSP’s and RRIF’s where the beneficiaries are someone other than the estate)
    • Any and all bank accounts except for any that were held in joint names
    • Any and all vehicles including those of a recreational nature
    • Any collections such as coins, cards etc
    • Furniture

No deductions are made for any debts that are not protected by “encumbrances” against real estate in Ontario.

In the case of credit card debt, student debt, car loans, investment loans, margin debt, personal debt or tax arrears there will be no deductions made, unless the debt is secured with a charge against any real estate in Ontario. For mortgages or any other charge that is registered against a property that is located outside Ontario, there is also no deduction. You are not required to deduct the amount that has been secured if the debt has been secured with a lien or a charge against the land.

EAT is always assessed on the market value, at a fair rate, of the assets of the deceased. This is subject to probate on the date of death. When it comes to selling costs (for example real estate commission), there is no deduction. It is the responsibility of the estate trustee to document and retain any copies of the basis of the assessment made into the value of the estate, this should include any estimates that have been received from experts or appraisers. If the asset in question is not going to be sold to a purchaser at “arm’s length” to the estate (for example real estate of something such as art that is passed to a beneficiary), this is particularly important.

Exclusions

For EAT purposes the following are not considered to be assets of the estate, they do not need to be declared on an EAT return:

  • Real estate located outside Ontario
  • Any real estate subject to “joint tenancy with a right to survivorship” – on the death of one owner the title is not transferred the surviving owner simply becomes the sole owner
  • Any life insurances that is passed to a named individual
  • Any jointly held bank accounts

Paying the EAT

A certified cheque or money order is generally used to pay the EAT in full, at the point where the probate application is filled. Uncertified personal checks are not accepted.

On occasion, the EAT can be advanced as a loan that is made to the estate on behalf of the beneficiary or estate trustee. After probate, this loan is repaid from assets of the estate.

In cases where the EAT is a large amount, and insufficient funds are held by the trustees or beneficiaries of the estate that can be lent to the estate then there is a possibility that the funds to pay the EAT can be obtained from cash or investments that were held by the deceased. In order to do this, a request is made to the financial institution that they provide a bank draft. This should be payable to the Ministry of Finance in respect of the probate. The best way to achieve this is via a formal request from the probate lawyer who is assisting the estate trustee.

If a special application is made to the court, usually with the help of an estate lawyer, it is possible to obtain a deferral of EAT. These require care and are not done automatically. In general, is it necessary to show that there are no liquid assets in the estate but that Ontario real estate is a part of the estate. Deferrals usually have a time limit (e.g. 90 days), and it is necessary to have a personal undertaking from the trustees of the estate that payment will be made.

The EAT Return

The EAT return must be filed by the estate trustee in the 90 days following receipt of the Certificate of Appointment of Estate Trustee. All assets of value in the estate, to which EAT is applicable, must be listed in detail Filing a false EAT return is a serious offence.

Updates, Estimates and Refunds

A probate application may be based on an “estimated” value. When values are not known to the estate trustee before probate, this may be used.

It is the duty of the estate trustee to file and update the EAT application, and they should also pay any supplementary EAT that is due in an appropriate amount of time once the change in value becomes reasonably accepted to the estate trustee. It should be remembered that this is in respect of cases where the value of the estate was undervalued on death. When estate values appreciate following death, but before sale, this gain means a taxable income is applicable to the estate but there is no need to refile or for more EAT to be paid.  It is possible that an overpayment of EAT might be obtained; however, this is difficult to do and does not always succeed.