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This article explains how probate fees work in Ontario as of 2026 and is general information, not legal advice. The figures come from the Estate Administration Tax Act, 1998, and Ontario's published rules. Your own situation may differ, and a lawyer can advise on it.
The probate fees Ontario charges are more predictable than most families fear, but they still catch people off guard at the worst possible time. When someone dies and you are named to settle their estate, one of the first questions is what the province will take before you can distribute anything. In Ontario there is a single tax that answers most of that question, and once you see the formula, you can estimate the cost to the dollar. Enter an estate value below to see it right away.
Ontario Estate Administration Tax Calculator (2026)
Enter the estimated value of the estate to see the probate fee (Estate Administration Tax) payable in Ontario. Takes about ten seconds.
Source: Ontario Estate Administration Tax Act, 1998, and Ontario.ca. Figures as of 2026.
This guide covers what probate is, how the probate fees Ontario applies are calculated, what an estate of a given size actually pays, when probate is required at all, and the legitimate ways families lower the bill. A will is the document behind all of this, so it pairs closely with our guide on how to make a will in Ontario. If you already know the estate is large or complicated, Olanur is a free way to get matched with an Ontario estates lawyer, with no calls and no pressure.
Probate fees in Ontario: the quick answer
Probate fees in Ontario come from one provincial tax charged on the value of the estate. Here is the short version, unpacked fully below.
- There is really only one government fee. Ontario's probate fee is the Estate Administration Tax, and there is no separate court filing fee on top of it.
- The first $50,000 is free. No Estate Administration Tax is payable on the first $50,000 of the estate, and none at all if the estate is $50,000 or less.
- Above that, it is $15 per $1,000. The tax is $15 for every $1,000 of estate value above $50,000, which works out to about 1.5% on the amount over the threshold.
- A $500,000 estate pays $6,750. A $1,000,000 estate pays $14,250. The rate is the same everywhere in Ontario, with no regional variation.
- Not every estate needs probate. Assets that pass by beneficiary designation or joint ownership can fall outside the estate, and smaller estates may use a simpler process.
- The executor files a return afterward. An Estate Information Return goes to the Ministry of Finance within 180 days of the certificate being issued, even when no tax is owed.
What probate is and why Ontario charges a fee
Probate is the court process that confirms a will is valid and gives the estate trustee legal authority to act. The probate fees Ontario collects come from a single tax tied to that process, not a menu of separate charges.
When you apply, the Superior Court of Justice issues a Certificate of Appointment of Estate Trustee, the document banks and the land registry rely on before they will release assets or transfer a home. Probate is normally required when the deceased owned real estate in their sole name or held accounts a financial institution will not release without it. An estate made up only of jointly held property and accounts with named beneficiaries can sometimes avoid probate entirely.
The fee attached to that certificate is the Estate Administration Tax, a provincial tax set by the Estate Administration Tax Act, 1998. It replaced the older, tiered probate fees Ontario used before, and it is calculated purely on the value of the estate that passes through probate. Because the tax is based on value alone, two estates of the same size pay the same amount, whether the person lived in Toronto, Sudbury, or a small town near Kingston.
How the Estate Administration Tax is calculated
The Estate Administration Tax is $15 for every $1,000 of the estate above $50,000, with the first $50,000 exempt. Ontario rounds the estate value up to the nearest $1,000 before applying the rate.
For applications made on or after January 1, 2020, Ontario dropped the tax on the first $50,000 of every estate entirely. Below that line the estate pays nothing. Above it, the math is simple: take the estate value, subtract the $50,000 exemption, and charge $15 for each full or partial $1,000 that remains. On the portion above $50,000 that is an effective rate of 1.5%, and because the first slice is free, the rate across the whole estate is always a little below that.
Consider a hypothetical. Say a retired teacher in Mississauga dies leaving a house held in her sole name worth $520,000 and a non-registered savings account of $130,000, an estate of $650,000. Subtract the $50,000 exemption to get $600,000, then charge $15 per $1,000: the Estate Administration Tax comes to $9,000. That is the entire provincial probate cost, before any lawyer, accountant, or executor fees.
Now compare a second situation. An Ottawa widower's estate is $400,000 once his condo and investments are added up. Subtract $50,000 and the taxable amount is $350,000, so the tax is $5,250. The Canada Revenue Agency also expects a final income tax return for the year of death, which is separate from this provincial tax and often the larger number for estates with registered investments or a rental property. Sorting out that property side is where our guide to real estate lawyer fees in Ontario becomes useful, since transferring the deceased's home is often the biggest single task.
What probate costs at different estate values
The table below shows the probate fees Ontario families pay across a range of estate sizes, using the current formula. Every figure is exact, not an estimate.
| Estate value (CAD) | Estate Administration Tax | Effective rate |
|---|---|---|
| $50,000 or less | $0 | 0% |
| $100,000 | $750 | 0.75% |
| $250,000 | $3,000 | 1.20% |
| $500,000 | $6,750 | 1.35% |
| $750,000 | $10,500 | 1.40% |
| $1,000,000 | $14,250 | 1.43% |
| $1,500,000 | $21,750 | 1.45% |
The effective rate climbs toward 1.5% as the estate grows, because the free first $50,000 matters less on a large estate than a small one. You can check any figure for a specific estate with the calculator at the top of this guide, which uses the exact statutory formula and Ontario's rounding rule.
When probate is required in Ontario, and when it is not
Probate is required when a third party, usually a bank or the land registry, will not act on the estate trustee's authority without a court certificate. It is not automatic, and a meaningful share of estates skip it.
Real estate held in the deceased's sole name almost always needs probate before it can be sold or transferred, and most banks require it once an account passes a threshold the institution sets on its own, which varies widely from one bank to another. On the other hand, assets that pass outside the estate are generally not counted at all. A home held in joint tenancy with a right of survivorship passes straight to the surviving owner. An RRSP, TFSA, or life insurance policy with a named beneficiary goes directly to that person. These are the same categories a will does not control, which is why estate planning and probate planning overlap so closely. Community Legal Education Ontario's Steps to Justice has a plain-language walkthrough of whether a given estate needs probate if you want to check your own situation.
For smaller estates, Ontario offers a lighter path. Since April 2021, an estate valued at $150,000 or less can use the Small Estate Certificate process, which uses simpler forms and no lawyer-certified filings. The Estate Administration Tax is identical, so a $120,000 small estate still pays $1,050, but the paperwork is far less demanding. Above $150,000, the estate uses the standard Certificate of Appointment of Estate Trustee instead.
How long probate takes in Ontario
The court aims to process a complete probate application in about 15 business days, but the full timeline from death to distribution usually runs several months, and longer for a complex estate.
The reason for the gap is that the court's processing window is only one step. Before filing, the estate trustee has to locate the will, value every asset, and prepare the application. After the certificate is issued, banks release funds on their own schedules, real estate has to be sold or transferred, debts and taxes get paid, and many trustees wait for a CRA clearance certificate before distributing the last of the estate so they are not left personally liable. For a straightforward estate, a rough range is four to eight months; for one with a business, foreign property, or a dispute, it can stretch past a year. If disagreements turn into a claim, the process can end up in Small Claims Court or the Superior Court, which adds time and cost.
How to reduce the probate fees Ontario charges
Because the tax is based on the value that passes through probate, the main way to reduce it is to have assets pass outside the estate instead. This is legitimate planning, but each option has trade-offs worth understanding before acting.
Common approaches include naming beneficiaries directly on registered accounts and insurance, holding assets jointly with a right of survivorship, and, for larger or business estates, using multiple wills so that shares in a private company pass under a secondary will that is never probated. Each of these lowers the taxable estate, and each carries risk: joint ownership with an adult child can expose the asset to that child's creditors or a divorce, and can trigger disputes about whether it was a true gift. Consider a Toronto homeowner whose $900,000 house is held jointly with her spouse and whose $200,000 RRSP names that spouse, leaving only a $60,000 account to pass through her estate. Her probate tax is $150, rather than the $16,650 the full amount would attract, but that outcome only works cleanly because the arrangements were set up properly while she was alive.
One limit is worth knowing before relying on any of these. Passing an asset outside the estate lowers the tax, but it does not put the asset beyond every claim: s. 72 of the Succession Law Reform Act pulls joint property, insurance and designated plans back into a notional estate to satisfy a dependant's support order. Our guide to estate planning in Ontario sets out that order of precedence in full.
The catch is that probate planning done carelessly can cost far more than it saves, in tax, in family conflict, or in an asset ending up with the wrong person. Aggressive strategies also draw CRA and legal scrutiny. Many people in this situation choose to have the plan reviewed alongside their power of attorney in Ontario and their will, so the pieces work together rather than against each other. If you are weighing whether you need that help at all, our guide on whether you need a lawyer in Canada is a useful starting point.
The executor's job: paying the tax and filing the return
The estate trustee pays the Estate Administration Tax when the probate application is filed, then has 180 days after the certificate is issued to file an Estate Information Return with the Ministry of Finance.
The tax is generally paid up front from estate funds as part of the application, and if the estate lacks ready cash, some Ontario courts allow the trustee to defer or arrange payment. After the certificate arrives, the Estate Information Return reports a detailed breakdown of the estate's assets and their values so the Ministry can confirm the right amount was paid. This return is required even when the estate is under $50,000 and no tax is owed. Getting the valuations wrong can lead to reassessment, interest, or penalties, which is one more reason larger estates tend to involve a lawyer or an accountant. Because an estate trustee can be held personally responsible for errors, the role is genuinely demanding, as our overview of family lawyers in Canada and the life events that surround an estate explains.
When to talk to a lawyer about probate
The probate process is manageable on your own for a simple estate, and many people handle a small, tidy estate without professional help. Bringing in a lawyer tends to pay off, though, as the estate or the family gets more complicated. Consider getting help in any of these cases:
- The estate includes real estate, a business, or assets in more than one province or country.
- There is no will, or the will is unclear, damaged, or likely to be challenged.
- Beneficiaries disagree, or someone is threatening to contest the estate.
- The estate is large enough that a valuation error on the return could be costly.
- You want to reduce probate tax and need the joint ownership or multiple wills done correctly.
A lawyer does two things a form cannot: confirm whether probate is even required for this particular estate, and make sure the valuations and filings hold up if the Ministry or a beneficiary later questions them. For a sense of how to start that search, our guides on how to find a lawyer in Canada and finding a trustworthy lawyer walk through the practical steps.
How Olanur helps you find an Ontario probate lawyer
We built Olanur to take the hardest part out of getting legal help: figuring out which lawyer actually fits your situation. Instead of cold-calling firms while you are already dealing with a loss, you describe the estate once, and our matching system connects you with verified Ontario lawyers who handle probate and estate administration. There is no cost to you, no sign-up wall, and no obligation to hire anyone.
Lawyers on our platform are licensed and vetted, and the match is based on your actual needs, the size and complexity of the estate, and your location. If you would rather understand the process first, our walkthrough of how Olanur works explains it step by step. For an estate that also involves a separation or a divorce in the background, our guide to filing for divorce in Ontario covers how those events change who inherits.
Frequently asked questions
Probate fees in Ontario are the Estate Administration Tax: nothing on the first $50,000 of the estate, then $15 for every $1,000 above that, about 1.5% on the amount over the threshold. A $500,000 estate pays $6,750, and a $1,000,000 estate pays $14,250. There is no separate court filing fee on top.
No. Since 2020, an estate of $50,000 or less pays no Estate Administration Tax in Ontario. The first $50,000 of every estate is also exempt, so even larger estates are only taxed on the value above that line. An Estate Information Return still has to be filed within 180 days, even when the tax is zero.
No. Probate is only needed when a bank, the land registry, or another third party requires a court certificate before releasing an asset. Property held in joint tenancy and accounts or policies with a named beneficiary usually pass outside the estate and avoid probate. Real estate in the deceased's sole name almost always requires it.
The court aims to process a complete application in roughly 15 business days, but the whole process usually takes several months. Valuing assets, applying, waiting for banks to release funds, paying debts and taxes, and often waiting for a CRA clearance certificate mean four to eight months is common, and complex estates can take over a year.
The main way is to have assets pass outside the estate, through named beneficiaries on registered accounts and insurance, joint ownership with a right of survivorship, or multiple wills for private company shares. Each lowers the taxable estate but carries risks around creditors, family disputes, and CRA scrutiny, so these arrangements are worth setting up with a lawyer.
It is a simpler probate process for estates valued at $150,000 or less, introduced in April 2021. It uses shorter forms and fewer lawyer-certified filings than the standard Certificate of Appointment of Estate Trustee. The Estate Administration Tax is exactly the same, so a $120,000 small estate still pays $1,050, but the paperwork is far lighter.
Settling the estate without surprises
The probate fees Ontario adds to settling an estate come down to one predictable tax, and knowing the formula ahead of time takes away most of the anxiety. For a simple estate you may be able to handle the application yourself, and for a complex one the cost of doing it properly is small next to the cost of a valuation error or a family dispute.
If you want a professional to confirm whether probate is needed and handle the filings, Olanur can match you with a verified Ontario estates lawyer, free and with no pressure. You can also read Ontario's own guidance on calculating the Estate Administration Tax and the full text of the Estate Administration Tax Act, 1998, on CanLII.
Priya Kapoor
Family, Real Estate & Criminal Law Contributor
Priya focuses on family law, real estate transactions, criminal defence, and civil disputes, guiding Canadians through some of the most consequential legal moments in their lives.
