Probate fees on death benefits

All the provinces have some form of probate fees. Probate fees are fees paid to the court to prove the validity of the will and are generally calculated based on the fair market value of the assets held in the estate. Receiving the grant of probate informs others that the executor has the authority to deal with the assets in the estate. If someone dies intestate (without a will) the court will grant similar authority to the appointed administrator.

Not all assets are subject to probate. If a beneficiary, other than the estate, is designated under a life insurance policy, the proceeds are not subject to probate. The same applies to designations for RRSP/RRIFs. In addition, assets that transfer by right of survivorship to a joint tenant are not subject to probate. The use of multiple wills is also another method to remove certain assets from probate. Before any probate fee planning is completed, professional advisors should be consulted.

Quebec does not charge probate fees. However, wills other than notarial wills must be probated before the Superior Court of Quebec, which involves a minimum fee.