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Ontario Probate Fees Explained: What You Need to Know

Probate Fees Ontario

Welcome to this resource focused on demystifying Probate Fees Ontario. Navigating the complex arena of estate administration is a challenging endeavor, and understanding the associated costs is essential. This page aims to provide you with the information you need to comprehend the Cost of Probate in Ontario. Whether you’re an executor, a beneficiary, or considering estate planning, we’ll offer insights into the various fees and costs that are part and parcel of probating an estate in Ontario.

By the end of this read, you should have a clearer understanding of the Probate Fees Ontario charges and how best to manage the Cost of Probate in Ontario.

cost of probate in ontario & Probate Fees Ontario

Types of Fees Involved in the Cost of Probate in Ontario

When estimating the Cost of Probate in Ontario, it’s important to consider not just the Probate Fees, but also a myriad of other expenses that collectively contribute to the overall financial outlay. Here, we provide a concise overview and breakdown of these fees:

  • Application Fee: Also known as the Estate Administration Tax, this is a percentage-based fee calculated on the total value of the deceased’s estate.

  • Legal Fees: Legal guidance is often crucial for navigating the complexities of probate, with costs varying based on the services provided. Information about our fees can be found further below on this page.

  • Executor’s Compensation: This constitutes a fee that compensates the executor for their time and effort in administering the estate. The amount is often a percentage of the estate’s total value.

  • Miscellaneous Fees: These encompass various additional costs such as process server fees, document filing fees, status check fees, notary public fees, asset appraisal fees, and postal charges, among others.

Each of these fee categories has its own intricacies and variations. For a more detailed understanding, please refer to the individual sections below.

Probate Fees in Ontario

One of the primary factors contributing to the Cost of Probate in Ontario is the charge officially known as “Probate Fees,” which is also commonly referred to as the Estate Administration Tax.

These fees are governed by the Estate Administration Tax Act of 1998, S.O. 1998, Chapter 34. As of 2023, the fee structure is as follows and is calculated based on the total value of the deceased’s estate assets at the time of death:

  • No Fee for the First $50,000: The initial $50,000 of the estate’s total asset value is exempt from probate fees, effectively incurring no cost for this portion of the estate.
  • $15 for Every $1,000 Over $50,000: A fee of $15 is charged for each $1,000 of asset value exceeding the initial $50,000. Therefore, Probate Fees in Ontario amount to 1.5% for estate values over $50,000.

Legal Fees

Hiring a lawyer to guide you through the probate process is strongly encouraged. Legal guidance is often indispensable when navigating the intricate process of probate. Probate Lawyers can provide expertise on various aspects such as document preparation, court representation, and asset distribution, among other tasks. While the cost of legal assistance can vary depending on the complexity of the case and specific services rendered, it is an important factor to consider in the overall Cost of Probate in Ontario.

At Shaikh Law, our estate lawyer fees for probate in Ontario range between $1,500 to $2,500 + Tax for a simple uncontested Probate. At Shaikh Law, we have maintained a simple four-tier probate legal fee structure for our clients. First, three are fixed legal fees for uncontested probate applications. The fourth tier is for complex and contested probate applications charged at an hourly rate. 

Complex estate litigation would include contentious probate applications, uncertain entitlements, and uncertain beneficiaries. The estate is located in multiple jurisdictions, so Legal fees based on an hourly rate could be charged by an Estate Lawyer.

Choose your package

legal fees

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
  • Uncontested Probate
  •  
Lowest Fees

legal fees

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
  • Uncontested Probate
  •  
Popular

legal fees

Will Present
$ 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
  • Uncontested Probate
  •  

Executor's Compensation

The person responsible for administering the estate, known as the executor, is often entitled to compensation for their time and effort. This is generally a percentage of the estate’s value and is subject to court approval. Understanding this fee is essential for both executors and beneficiaries to grasp the full scope of Probate Fees Ontario, for more information you can contact our office.

Probate Fees Ontario Calculator

To simplify your planning and provide a more accurate estimate of the Probate Fees Ontario, we offer a convenient Probate Fees Calculator tool below this section. This tool allows you to input key estate variables, such as total asset value, to receive an immediate calculation of the expected probate fees. Utilize this calculator to gain a clearer understanding of the financial aspects of the probate process in Ontario.

Calculate Estate Administration Tax or Probate Tax.

Please enter a valid amount.

What Our Probate Lawyer Can Do For You

Probate with a Will

Contested Probate

Probate without a Will

Free Consultation

At our Law Firm we beleive in giving our client’s an oppourtunity to learn more about our expertise and experience before deciding to retain us. We offer 15 minutes free legal advice in Ontario. Call us, email us or use the form below to book your free consultation with a lawyer.

If you are based out of Ontario, please email us to book your appointment. 

Call us

(905) 795 7757 (647) 812 6938

E-Mail

info@slclawyer.ca

Fax

(905) 795 1271

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We Serve Clients Across Ontario

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