Does Manitoba Still Charge Probate Fees on an Estate?

If you are an executor or a family member, you may have read online that probate costs a percentage of the estate. That was once true in Manitoba, but the rules changed, and older articles and guides can be out of date.

This article explains what happened to the probate charge, what it used to be, and which smaller court costs can still come up when an estate is administered. Amounts change, so treat the figures here as a starting point and confirm them before you rely on them.

This article covers the law of Manitoba.

The probate charge was eliminated in 2020

Manitoba eliminated its value-based probate charge effective November 6, 2020. The Law Fees and Probate Charge Act became The Court Services Fees Act, and charges for applications for probate or administration no longer apply.

The Court Services Fees Regulation (M.R. 150/2021) lists no probate filing fee. That does not mean an estate has no costs at all. It means the percentage-style charge on the value of the estate is gone.

What the old charge was

For applications made on or after July 1, 2005, the repealed charge was $70 for property of $10,000 or less. Above that, it was $70 plus $7 for each $1,000 (or fraction of $1,000) over $10,000.

This is the figure many older websites still quote. If you see it on a page that does not mention the 2020 change, the page is likely out of date.

Older applications can still face adjustments

There is an exception for older files. Applications filed on or before November 5, 2020 can still face adjustments if assets are discovered later or are revalued.

If you are dealing with an estate where the grant was issued before the change, ask the Probate Division whether any adjustment applies to your file.

Smaller court fees that can still apply

Several smaller fees remain in estate matters. The figures below come from the regulation and from the government fee page as it stood on February 1, 2022, so confirm current amounts.

Probate Division record searches without a file number cost $10 for computerized records from 1984 onward, $20 for manual records before 1984 (with name, place and date of death), or $40 for a name-only search. Computerized probate records can be viewed free in the Court Registry System.

Bonds for administrators

A bond is a separate cost from court fees. An administrator, meaning someone appointed by the court rather than named in a will, must give a bond to the judge. Unless it is reduced, the total bond must be double the sworn value of the property covered by the grant.

There are exceptions. If all beneficiaries are capable adults who consent, the judge may waive the bond or sureties. No surety is needed if the sworn value is $50,000 or less, and one surety is needed for values over $50,000 but under $100,000.

The bond rules are aimed at administrators, and Form 74V also covers administrators with will annexed and foreign executors. If you are an executor named in a will, ask whether a bond applies to your situation.

What to do next

• Check the date of any guide you are reading, and be wary of anything that still describes a percentage probate charge.
• Write down which court steps your estate is likely to need, such as a caveat, searches or passing accounts.
• Ask whether you will be an administrator, since that is when a bond may be required.
• Confirm current amounts with the Probate Division at ProbateInquiry@gov.mb.ca.
• Speak with a lawyer or accountant if the estate is large, contested, or has assets that may be revalued.

The official pages do not state a standard processing time for a grant, so ask the Probate Division rather than relying on timelines you find on third-party sites.

Frequently asked questions