Do assets with a named beneficiary or joint ownership count toward probate fees in Newfoundland and Labrador?

This answer covers the law of Newfoundland and Labrador.

Often not: insurance with a named beneficiary and a jointly held matrimonial home pass outside the estate, but each asset type has its own rules. The probate fee is based on the value of the estate from the inventory and valuation (Form 56.10A) of property in Newfoundland and Labrador.

Life insurance with a designated beneficiary is not part of the insured's estate. But if the designation names the insured's heirs, next of kin or estate, the money is paid to the estate and the executor will need a grant. A matrimonial home held in joint tenancy by spouses passes to the surviving spouse without probate. Employer pension plan benefits can be paid to a person named in a signed written designation, but that Act does not expressly address RRSPs or RRIFs. For RRSPs, RRIFs and jointly held property other than a matrimonial home, the answer depends on how the asset is set up, so confirm with a lawyer or the plan issuer.

The fee is $60 where the estate does not exceed $1,000, plus $0.60 for each additional $100 of estate value. If the estate is later valued lower, a refund can be sought, and if higher, more must be paid.