How Estate Value Is Worked Out for Probate Fees in Newfoundland and Labrador

If you are the executor, the court fee for a grant depends on what the estate is worth. That means you need to decide which assets belong on the inventory before you apply, and be able to back up the numbers.

This article explains how the fee is calculated, which kinds of property are generally in or out of the estate, and how to document the value. Questions the court materials do not settle, such as how debts are treated, are worth confirming with the registry or a lawyer.

This article covers the law of Newfoundland and Labrador.

The starting point: the inventory and valuation

The fee is based on the value of the estate shown in the inventory and valuation (Form 56.10A) of property in Newfoundland and Labrador. The fee is set from the inventory at the time of application. The inventory and valuation must accompany the petition.

Every application begins with a Notice of Application posted with the Registry Office (Form 56.04A). After the 5-day notice period, the applicant confirms no caveat or earlier grant exists and files the petition, the inventory and, for probate, the will.

How the fee is calculated

The charge on a grant of letters of probate or administration is $60 where the estate does not exceed $1,000, plus $0.60 for each additional $100 of estate value. For grants made before June 23, 2015, the additional rate was $0.50 per $100.

As an example, a $250,000 estate works out to $60 plus (2,490 x $0.60 = $1,494), for $1,554. The statute does not say how amounts that are part of a $100 are treated, so ask the registry if your figure does not divide evenly.

The charge is payable by the executor or administrator in that representative capacity only, meaning as the estate's representative rather than personally. Other court fees may apply too, such as $60 for orders (except default orders), $30 for a certified copy and $20 for a search.

What is generally in the estate and what is not

RRSPs and RRIFs are not expressly addressed by the pension designation law, so check the plan documents and any named beneficiary. Property in another jurisdiction is a separate question: a foreign grant can be resealed here so an out-of-province executor can deal with assets in the province. The fee basis is property in Newfoundland and Labrador.

Documenting the value

The court's materials do not set out a particular valuation method, so gather the best evidence you reasonably can. Good records protect you if the value is questioned later.

• Bank and investment statements as of the date of death.
• Land: a recent appraisal or assessment.
• Vehicles and personal property: written estimates or receipts.
• Insurance and pension letters showing who is named as beneficiary.
• Notes on why any asset was left off the inventory, for example because it passed to a joint owner.

If the estate is later valued lower than first certified, the representative may apply for a refund of the overpayment. If it is valued higher, an additional amount must be paid on the difference.

What to do next

• List every asset held in the deceased's sole name and its value.
• Set aside assets that pass by designation or survivorship, and keep the paperwork showing why.
• Ask the registry or a lawyer how debts are treated for the fee, since this is not covered here.
• Complete the inventory and valuation (Form 56.10A) carefully, because it sets the fee.
• Confirm the fee with the registry before filing. Payment methods include cash, debit, Visa, Mastercard and cheque, but not American Express.

Frequently asked questions