Frequently asked questions

Plain-language answers to the questions people ask most about probate in Canada.

What is probate?

Probate is the court process that confirms a will is valid and gives the executor (or, if there is no will, an administrator) the legal authority to deal with the estate. Different provinces use different names for the grant the court issues.

Is probate always required when someone dies?

No. Whether probate is required depends mostly on how the assets were owned. Assets held jointly with right of survivorship, or with a named beneficiary, usually pass outside the estate and do not need probate. Solely-owned real estate almost always does.

Is probate required if there is a will?

Often, yes. Having a will does not avoid probate. The will names an executor, but banks, investment firms and land registries frequently still require a court grant before they will release or transfer sole-name assets.

Does a small estate need probate?

It depends on the province. Several provinces and territories have a simplified small-estate process below a dollar threshold; others do not. The checker and the province pages set out what applies where you are.

Do jointly owned assets need probate?

Generally not. Assets held in joint tenancy with right of survivorship usually pass automatically to the surviving owner. Quebec treats joint accounts differently from the common-law provinces.

Do RRSPs, TFSAs and life insurance go through probate?

Usually not, if they have a valid named beneficiary other than the estate. They pass directly to that person. If the named beneficiary is "the estate" — or there is none — they fall into the estate and may need probate.

How much does probate cost?

Probate fees vary widely by province — some charge a flat fee, some a percentage of estate value, and Manitoba charges none at all. Each province page explains the local fee structure.

Is this tool legal advice?

No. doineedprobate.ca gives general information to help you understand your situation and what to ask. It is not legal advice and does not create a lawyer–client relationship. Always confirm with a lawyer licensed where the person who died lived.