Do I need probate in Prince Edward Island if there is a will?

Not automatically. A will names you as executor, but it does not on its own give you authority over every asset. If the estate includes sole-name real estate, or an institution asks for a grant before releasing funds, you will need letters probate. Note that a PEI-resident executor has a legal duty to deal with the will within 30 days of learning they were named.

How much does probate cost in Prince Edward Island?

PEI charges graduated court fees under the Probate Act, based on the probate value of the estate. It is $50 for estates up to $10,000, $100 up to $25,000, $200 up to $50,000, and $400 up to $100,000. Above $100,000 the fee is $400 plus $4 for every $1,000 of value, with no upper cap. Filing a will only, with no grant, costs $10.

Does Prince Edward Island have a simplified process for small estates?

No. PEI has no separate small-estate or simplified probate procedure. The same petition process applies to estates of every size. Because the court fees are graduated, smaller estates do pay proportionately less, with a minimum of $50, but the steps and the court are the same regardless of the estate's value.

How long does probate take in Prince Edward Island?

It varies with the estate and the court's workload. A straightforward petition can move through in a matter of weeks to a few months once the verified inventory and paperwork are complete. Estates that are large, contested, insolvent, or involve minor beneficiaries usually take considerably longer.

Prince Edward Island

Do you need probate in Prince Edward Island?

Losing someone is hard, and sorting out their affairs can feel like a lot to manage. In Prince Edward Island, probate means petitioning the Estates Section of the Supreme Court of Prince Edward Island for letters probate (when there is a will) or letters of administration (when there is not). Whether you need one depends mostly on what the person owned and how each asset was held, not simply on whether there was a will.

Check your situation

When is probate required in Prince Edward Island?

Probate is usually required when…

The deceased owned real estate in their sole name and the title needs to be transferred, sold, or mortgaged.
A bank or investment firm holding a sole-name account asks for a grant before releasing the funds.
Investments or other property were registered only in the deceased's name and the institution needs proof of your authority.
The deceased died without a will and the estate has assets that need to be administered.
The will is challenged or there are competing or multiple wills.

Probate is usually not required when…

Every asset was held in joint tenancy with right of survivorship and passes automatically to the surviving owner.
Assets such as life insurance, an RRSP, RRIF, TFSA, or pension had a valid named beneficiary other than the estate.
The only assets are modest bank balances that the institution agrees to release without a grant at its own discretion.
The deceased owned no real estate in their sole name and nothing else needs a court grant to be collected.

Simplified small-estate process

Prince Edward Island does not have a separate simplified small-estate process. Estates use the standard application regardless of size.

Probate fees

Graduated court fees under Probate Act s. 119.1, charged on the probate value (gross assets, excluding named-beneficiary life insurance): $50 for estates of $10,000 or less; $100 for $10,001-$25,000; $200 for $25,001-$50,000; $400 for $50,001-$100,000; and $400 plus $4 per $1,000 of value over $100,000, with no upper cap. Filing a will only, with no grant, costs $10.

Where to apply

Applications are made to the Estates Section of the Supreme Court of Prince Edward Island. List every asset and how it was held. Prince Edward Island has no simplified small-estate process, so if any asset is in the deceased's sole name, petition the Estates Section of the Supreme Court for letters probate (Form 65A, with a will) or letters of administration. A PEI-resident named executor has a duty to apply within 30 days of learning they are named.

Common questions about probate in Prince Edward Island

Do I need probate in Prince Edward Island if there is a will?: Not automatically. A will names you as executor, but it does not on its own give you authority over every asset. If the estate includes sole-name real estate, or an institution asks for a grant before releasing funds, you will need letters probate. Note that a PEI-resident executor has a legal duty to deal with the will within 30 days of learning they were named.
How much does probate cost in Prince Edward Island?: PEI charges graduated court fees under the Probate Act, based on the probate value of the estate. It is $50 for estates up to $10,000, $100 up to $25,000, $200 up to $50,000, and $400 up to $100,000. Above $100,000 the fee is $400 plus $4 for every $1,000 of value, with no upper cap. Filing a will only, with no grant, costs $10.
Does Prince Edward Island have a simplified process for small estates?: No. PEI has no separate small-estate or simplified probate procedure. The same petition process applies to estates of every size. Because the court fees are graduated, smaller estates do pay proportionately less, with a minimum of $50, but the steps and the court are the same regardless of the estate's value.
How long does probate take in Prince Edward Island?: It varies with the estate and the court's workload. A straightforward petition can move through in a matter of weeks to a few months once the verified inventory and paperwork are complete. Estates that are large, contested, insolvent, or involve minor beneficiaries usually take considerably longer.

Official sources

This page is general information about probate in Prince Edward Island, not legal advice. Estate law changes and is specific to each situation — confirm yours with a lawyer licensed in Prince Edward Island.