Probate

(a) Are there probate fees in Nova Scotia and if so, how are they determined?

Summary

Probate fees in Nova Scotia are set pursuant to the NS Probate Act. As of April 1, 2015, the fee schedule is: for an estate not exceeding $10,000, the tax is $85.60; for an estate exceeding $10,000, the tax is $215.20; for an estate exceeding $25,000, the tax is $358.15; for an estate exceeding $100,000, the tax is $1,002.65; and, for an estate exceeding $100,000, each additional $1,000 incurs a tax of $16.95.

(b) What assets pass outside the estate and are therefore not subject to probate?

Assets with valid beneficiary designations of surviving persons, such as life insurance or registered pension or retirement plans or tax-free savings accounts – these are subject to probate only if the estate is named as the beneficiary or if there is no valid beneficiary designation.

Jointly held assets with right of survivorship (subject only to the equitable presumption of resulting trust).

(c) Can multiple wills be used to avoid probate?

No.