Cost of Probate, Legal Fees & Estate Administration Tax Calculator
Ontario probate fees, officially known as Estate Administration Tax, are calculated as follows:
This is equivalent to 1.5% of the portion of the estate exceeding $50,000. For tax purposes, the estate value is rounded up to the nearest $1,000.
Estate Administration Tax is not the only potential cost of probate. The total cost may include:
The Estate Administration Tax is separate from the legal fees charged by a lawyer. Shaikh Law Firm offers fixed legal fees for qualifying, uncontested probate applications, starting from $1,800 + HST.
Use our calculator below to estimate the Estate Administration Tax based on the value of the estate.
Official source: Ontario Ministry of Finance – Estate Administration Tax
Use our Ontario probate fees calculator, also known as a probate tax calculator, to estimate the Estate Administration Tax payable based on the value of the estate. Enter the total estate value below. This calculator is for general information only; final figures should be confirmed before filing.
Estate value | Estate Administration Tax |
$50,000 | $0 |
$100,000 | $750 |
$150,000 | $1,500 |
$250,000 | $3,000 |
$500,000 | $6,750 |
$1,000,000 | $14,250 |
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.
Estate Administration Tax is 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 by the estate.
Payment may generally be made by certified cheque, bank draft or law-firm trust-account cheque payable to the Minister of Finance. Cash or debit may be available when filing in person at certain court offices.
If estate funds cannot be accessed before the certificate is issued, the estate trustee may need to advance the tax or arrange financing. A court-ordered deferral may be available in limited circumstances. Proper advances should be documented for reimbursement from the estate.
At Shaikh Law, our probate lawyer fees range from $1,800 to $2,700 + HST for a simple, uncontested Probate. The Estate Administration Tax is payable to the Province of Ontario and is separate from our legal fees. Our fixed office disbursement charge is $189 + HST. If formal service is required, process-server charges are approximately $90. Other case-specific expenses, including publication costs or an estate administration bond premium, may also apply. Any anticipated additional costs will be explained before they are incurred.
$1,800
+ HST
$2,250
+ HST
$2,700
+ HST
Our fixed probate fees apply to qualifying, uncontested applications. Where a probate application becomes contested, legal fees are generally charged at an hourly rate or under a separately agreed retainer, depending on the complexity of the matter.
If a probate dispute has arisen or is anticipated, our lawyers can review the circumstances and advise on the appropriate procedure, potential legal costs and next steps.
Probate costs are ultimately payable from the estate. Estate Administration Tax is paid at the time the application is filed with the court.
Legal fees, HST and proper disbursements are also generally estate expenses. If estate funds cannot be accessed before the certificate is issued, the estate trustee may need to advance these amounts personally and seek reimbursement from the estate.
What is probate tax in Ontario, and is it the same as Estate Administration Tax?
“Probate tax” and “probate fees” are common names for Ontario’s Estate Administration Tax. The tax is distinct from probate itself, which is the court process through which an estate trustee obtains a Certificate of Appointment of Estate Trustee.
Estate Administration Tax is paid as a deposit when the application is filed and becomes the tax payable once the estate certificate is issued. It is separate from probate lawyer fees, HST and disbursements.
For information about the application process, see our guide to probate in Ontario.
How much is probate tax in Ontario?
Estate Administration Tax is calculated at:
This is equivalent to 1.5% of the portion exceeding $50,000. The estate value is rounded up to the nearest $1,000.
For example, an estate valued at $500,000 would pay $6,750 in Estate Administration Tax.
Rates current as of September 2026. See the Ontario Ministry of Finance Estate Administration Tax guidance.
What assets are included when calculating probate fees in Ontario?
Estate Administration Tax is generally calculated using the date-of-death value of the assets included in the estate covered by the estate certificate. These may include Ontario real estate, bank accounts, investments, vehicles, business interests, personal property, registered accounts payable to the estate and insurance proceeds payable to the estate.
Encumbrances registered against Ontario real estate, such as a mortgage, collateral mortgage or lien, may generally be deducted from the value of that property. Most other debts and estate expenses cannot be deducted.
Assets passing directly to another person through a valid right of survivorship or beneficiary designation are generally excluded, as is real estate located outside Ontario. Joint accounts require careful review because the names appearing on the account do not necessarily determine beneficial ownership.
For a detailed breakdown, see our guide to what assets are subject to probate in Ontario.
Do probate fees apply to a principal residence in Ontario?
Yes, if the residence forms part of the estate covered by the estate certificate. A principal residence owned solely by the deceased is generally included at its fair market value as of the date of death, less any mortgage, collateral mortgage or lien registered against the property.
Where the property was held as tenants in common, the deceased’s proportionate interest is generally included. Property held in joint tenancy may pass to the surviving owner by right of survivorship, subject to beneficial-ownership considerations.
The principal residence exemption relates to income tax on capital gains. It does not, by itself, exempt the property from Estate Administration Tax. Adding another person to title may have legal, tax and family-law consequences and should not be undertaken without appropriate advice.
See our guide on how to avoid probate in Ontario.
Who pays probate fees in Ontario?
Probate fees are ultimately payable from the estate. Estate Administration Tax is paid as a deposit when the application is filed with the court.
If estate funds cannot be accessed before the certificate is issued, the estate trustee may need to advance the Estate Administration Tax, legal fees or disbursements personally. Proper advances may subsequently be reimbursed from the estate as administration expenses.
Are there additional probate costs besides legal fees?
Yes. Estate Administration Tax is a separate government tax and is not included in the lawyer’s legal fees.
Shaikh Law Firm also charges a fixed office disbursement of $189 + HST. Where formal service is required, process-server charges are approximately $90. Depending on the estate, additional expenses may include appraisals, certified documents, publication costs, estate administration bond premiums, courier charges, accounting fees or tax-advisory fees.
Legal fees, government tax and anticipated additional expenses are identified separately in our quote.
How much are probate lawyer fees in Ontario?
Shaikh Law Firm offers the following fixed legal fees for qualifying, uncontested probate applications:
Estate Administration Tax, the fixed office disbursement and case-specific third-party expenses are additional. Contested, complex or unusual matters may require a separate retainer.
Do you need a lawyer to apply for probate in Ontario?
No. There is no legal requirement to retain a lawyer, and an estate trustee may prepare and file the application personally.
However, an application may be delayed or returned where the required forms, notices, consents, renunciations or supporting evidence are incomplete or incorrect. A probate lawyer can determine the appropriate application, prepare the required documents, arrange the necessary notices and respond to court requisitions.
Our Ontario probate lawyers handle qualifying, uncontested applications for fixed legal fees starting from $1,800 + HST.
Does a small estate cost less to probate?
An estate valued at $150,000 or less may qualify for Ontario’s optional and simplified Small Estate Certificate process.
The Estate Administration Tax rate does not change for a small estate. No tax is payable on the first $50,000, but tax remains payable on the portion exceeding $50,000.
Shaikh Law Firm’s fixed legal fee for a qualifying Small Estate Certificate application is $1,800 + HST, plus the fixed office disbursement and any applicable third-party expenses.
How can probate fees be reduced or avoided in Ontario?
In appropriate circumstances, Estate Administration Tax may be reduced through valid beneficiary designations, ownership arrangements that create a genuine right of survivorship or the use of multiple Wills for assets that do not require probate.
These strategies can create significant legal, income-tax and family-law consequences. Joint ownership also requires careful consideration of beneficial ownership and the original owner’s intentions. Estate-planning changes should therefore be completed only after obtaining appropriate legal and tax advice.
See our detailed guide on how to avoid probate in Ontario.