How Much Does Probate Cost in Ontario and Alberta?
What probate actually costs, item by item
Probate itself is not a service you buy at a fixed price. It’s a government charge, either a court fee or a tax, paid when you ask a court to formally confirm the executor’s authority to act. Ontario and Alberta calculate that charge differently.
| Net value of estate property in Alberta | Alberta court fee |
|---|---|
| $10,000 or less | $35 |
| More than $10,000 up to $25,000 | $135 |
| More than $25,000 up to $125,000 | $275 |
| More than $125,000 up to $250,000 | $400 |
| Over $250,000 | $525 (flat, no further increase) |
| Ontario estate value (applications made on or after January 1, 2020) | Estate Administration Tax |
|---|---|
| $50,000 or less | $0 |
| Over $50,000 | $15 per $1,000, or part of $1,000, above $50,000 (no upper cap) |
Ontario’s tax rounds the estate value up to the nearest $1,000 before calculating. For example, an estate valued at $239,250 is taxed as if it were worth $240,000, producing a total tax of $2,850.
What drives the range, and where people overspend
The Alberta fee is tiered by the net value of the estate’s property located in Alberta, and it applies to a grant of probate or administration (or a resealing of one), set out in Schedule 2 of the Surrogate Rules. Because the top tier is a flat $525 regardless of how large the estate gets beyond $250,000, the fee itself doesn’t scale endlessly the way Ontario’s tax does. Alberta’s fee also generally cannot be waived: the Surrogate Rules do allow a clerk to waive fees for individuals who can’t pay, but estates are specifically excluded from using that waiver for probate fees.
Ontario’s tax has no ceiling: a $2 million estate pays proportionally the same rate per $1,000 as a $250,000 estate. It’s also only triggered if you actually apply for, and receive, an estate certificate; if no certificate is applied for or issued, no tax is owed.
Where estates commonly end up paying more than expected in Ontario is the “true-up” step. If you applied using an estimated value, you must file an Estate Information Return with the actual value within 180 calendar days of the certificate being issued. Missing that deadline, or filing something false or misleading, can bring a fine of at least $1,000, up to twice the tax payable, imprisonment of up to two years, or both. Getting the estate’s value right (or close) at the outset avoids that follow-up exposure.
Neither figure above includes anything you pay a lawyer, an appraiser, or an accountant to help administer the estate; those are separate arrangements you’d settle directly with whoever you hire, on top of the government charge.
How the payment itself works
In Ontario, the tax is paid as a deposit when you apply to the Superior Court of Justice for the estate certificate, before the certificate is issued. If the estate doesn’t have accessible cash at that point, the estate trustee can seek a judge’s order to defer payment until the estate’s assets become available.
In Alberta, the court fee is paid when the grant is issued and is calculated strictly against the net value of the estate’s Alberta property under the Schedule 2 tiers; there’s no equivalent deferral mechanism described for estates in the fee-waiver rule, since estates are excluded from that waiver altogether.
Both are provincial charges. If the estate you’re dealing with is located in a province other than Ontario or Alberta, its probate fee schedule will be different and should be checked directly with that province.
Frequently asked questions
Does every estate have to pay a probate fee?
In Ontario, no. The Estate Administration Tax applies only if an estate certificate is applied for and issued, and no tax at all is owed when the estate is worth $50,000 or less. In Alberta, the tiered court fee applies whenever a grant of probate or administration is issued, starting at $35 for estates worth $10,000 or less.
Can the probate fee be waived if the estate can't afford it?
In Alberta, no: estates don't qualify for the fee waiver otherwise available to individuals unable to pay court fees. In Ontario, the tax itself can't be waived, but if the estate has no accessible cash, the estate trustee can ask a judge for an order to defer payment until estate assets become available.
What happens if I estimate the estate's value too low in Ontario?
If you used an estimated value to get your estate certificate, you must file an Estate Information Return with the actual value within 180 calendar days of the certificate being issued. Filing late, or filing false or misleading information, can bring a fine of at least $1,000 up to twice the tax owed, up to two years in prison, or both.
What if the estate is in a province other than Ontario or Alberta?
Probate costs are set separately by each province. If the estate is elsewhere in Canada, that province's own probate fee schedule applies; this article covers only Ontario and Alberta.
Sources
- Government of Alberta - Court fees , Surrogate Rules, Alta Reg 130/1995, Sch 2 (retrieved June 1, 2025)
- Centre for Public Legal Education Alberta (CPLEA), "Court Fees and Waivers in Alberta" , Surrogate Rules, Alta Reg 130/1995, Sch 2; s 44.1 (retrieved June 1, 2025)
- Surrogate Rules 130/95, Alberta King's Printer , Surrogate Rules, Alta Reg 130/1995, Sch 2 (Table of Contents) (retrieved June 1, 2025)
- Surrogate Rules, Alta Reg 130/1995 - CanLII , Surrogate Rules, Alta Reg 130/1995, s 44.1 (retrieved June 1, 2025)
- Ontario Ministry of Finance, 'Estate Administration Tax' , Estate Administration Tax Act, 1998, SO 1998, c 34, Sched, ss 2, 4, 4.1, 4.3 (retrieved June 1, 2025)
- Estate Administration Tax Act, 1998 - CanLII , Estate Administration Tax Act, 1998, SO 1998, c 34, Sched, s 2(2)(b), (6.1) (retrieved June 1, 2025)
- Ontario Ministry of Finance, 'Calculating Estate Administration Tax' , Estate Administration Tax Act, 1998, SO 1998, c 34, Sched, s 4(1) (retrieved June 1, 2025)