When you start planning for the future, you might hear about “probate fees.” These are government charges that can take a lot of money away from your family. For example, an estate worth $500,000 could end up paying thousands of dollars in these fees before the family gets a single cent.
In Ontario, these fees have a special name: the Estate Administration Tax. This guide will help you understand what probate fees in Ontario are and how you can use smart planning to keep more money for your loved ones.
What are Probate Fees in Ontario?
Probate is a legal process. When someone dies, a court needs to check their will to make sure it is real and follows the law. Think of it like a “stamp of approval.” This process gives the executor (the person in charge of the will) the legal power to give out money and property to the family.
The “probate fee” is the money the government charges to do this check. While people across the country ask what are probate fees in Canada, every province has its own rules. In Ontario, the government calls this the Estate Administration Tax. Even though the name is different, it is still a tax on what you owned when you died.
How Much Are Probate Fees in Ontario? (2026 Rules)
The amount you pay depends on how much the estate is worth. This includes your house, your bank accounts, and your investments. Ontario has a specific way of calculating this:
Here is the Ontario fee structure organized into a simple table for your blog:
Ontario Estate Administration Tax Rates (2026)
| Estate Value Range | Probate Fee (Tax) | Simple Explanation |
| First $50,000 | $0 | You pay no tax on the first $50,000. |
| Anything Over $50,000 | $15 per $1,000 | You pay $15 for every $1,000 above the $50,000 mark. |
How to Calculate Your Fee
To make it easy, here is an example of how the math works for a $500,000 estate:
Example: $500,000 estate
- Subtract the “Free” Amount: $500,000 − $50,000 = $450,000
- Calculate the Tax: $450 (thousands) × 15 = $6,750
- Total Cost: The family pays $6,750 to the government.
By using smart estate planning, you can find legal ways to lower the “Total Value” of your estate, which helps you keep more of that money for your loved ones.
Who Pays for Probate in Ontario?
The good news is that the family members do not have to pay this tax with their own money.
- The Estate Pays: The money is taken directly from the deceased person’s bank accounts.
- The Inheritance is Smaller: Because the government takes its share first, there is less money left for the children or spouse.
- Bookkeeping is Key: The person in charge (the executor) must keep very good records. Proper bookkeeping for the estate is required to make sure the government is paid correctly before any inheritance is sent out.
How to Avoid or Reduce Probate Fees in Ontario
With a little bit of estate planning, you can find legal ways to lower these fees. This makes sure your family gets more and the government gets less. Here are three common ways to do it:
- Name Beneficiaries Directly: For things like life insurance or special savings accounts (RRSPs), you can name a person to get the money directly. This money “skips” the will and the probate process.
- Own Assets Jointly: If two people own a house together as “joint tenants,” the house usually goes straight to the survivor. It doesn’t get counted for probate. However, you should talk to an expert about this, as it can affect things like capital gains taxes.
- Set Up Trusts: You can move money into a “trust” while you are still alive. This means the money is no longer part of your personal estate when you pass away, so it is not taxed for probate. For business owners, understanding the financial power of incorporation can also help protect your wealth.
Do All Estates Need to Go Through Probate?
No! Not every family has to go to court and pay these fees. There are two main reasons why you might skip it:
- Small Estates: If the estate is worth very little, the province might let the family settle everything without the formal court process.
- Great Planning: If a person has set up their life so their house is owned jointly and all their bank accounts have named beneficiaries, there might be nothing left in the estate to “probate.”
A Strategic Way to Protect Your Family
Planning for the future is the best way to make sure your family is safe. Probate fees in Ontario can be a big cost, but they don’t have to be a surprise. By creating a clear plan, you can reduce stress for your family and make sure your money goes exactly where you want it to.
At Phoenix Knight, we have over 20 years of experience helping families and business owners. Robin DeRidder and our team understand the complex rules of Canadian taxes. We use modern technology to make your bookkeeping and planning simple and accurate. Whether you are starting a new business or looking to protect your lifetime of savings, we are here to help.
Conclusion
Probate fees are a part of life in Ontario, but you can control how much they affect your family. By learning the rules and using smart strategies like trusts and joint ownership, you can save thousands of dollars. Creating an organized plan is the kindest thing you can do for your loved ones during a difficult time.
Want to learn more?
If you want to create a plan that protects your money and gives you peace of mind, contact Phoenix Knight today. We can help you find the best path forward for your estate in Ontario.
