How Much Are Probate Fees in Newfoundland and Labrador?

If you are about to apply for a grant, you will want to know what the court will charge. In Newfoundland and Labrador the fee depends on the value of the estate, not on the type of assets.

This article explains the schedule, walks through an example, and covers adjustments and other court fees.

This article covers the law of Newfoundland and Labrador.

The fee schedule

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. The court's fee page lists the same: $60.00 for letters of probate, administration or resealing not exceeding $1,000, then $0.60 for each additional $100 above $1,000.

For grants made before June 23, 2015, the additional-value rate was $0.50 per $100.

Probate is not legally required in Newfoundland and Labrador, but an executor who wants to dispose of estate assets needs Letters of Probate to prove the right to do so. The Supreme Court says the type of assets in the estate, not its value, usually decides whether an estate should be probated or administered, while fees depend on value. There is no time limit to apply, and the court says a lawyer is not needed to probate a will or administer an estate.

How the value is worked out

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

Because the inventory drives the fee, a careful and complete valuation matters. Gather statements, property valuations and other records before you file.

Some assets pass outside the estate. Where a beneficiary is designated, life insurance money is not part of the insured's estate. However, a designation of the insured's heirs, next of kin or estate is treated as a designation of the personal representative, so that money is paid to the estate and the executor will need a grant.

Every application starts by posting a Notice of Application with the Registry Office (Form 56.04A). After the 5-day notice period, the applicant confirms that no caveat has been entered and no previous grant has been made, then files the petition, the inventory (Form 56.10A) and, for probate, the will. A Notice of Application posted on or after January 1, 2003 lapses 6 months after posting unless an application is made in that time or a caveat has been entered.

A worked example

For a $250,000 estate, the fee is $60 plus 2,490 additional hundreds at $0.60 each, which is $1,494, for a total of $1,554. The statute does not say how part-$100 amounts are treated.

When it is paid, and who pays

The court page does not state a due date. The fee is worked out once the inventory and valuation are given to the Probate Registry. Ask the registry how and when payment is expected for your file.

The charge is payable by the executor or administrator in his or her representative capacity only, meaning as the estate's representative rather than personally. Whether it can be paid from estate funds or deferred when the estate has no cash is worth confirming with the registry or a lawyer.

The court accepts cash, debit, Visa, Mastercard and cheque, but not American Express.

The court gives no processing timeline for a grant; the only fixed period it states is the 5-day notice period before the petition is filed. A caveat can hold things up, because a grant cannot issue without the caveator being notified and heard. The court may also require a will to be proved in solemn form where circumstances appear to justify it. Incomplete paperwork can cause problems too, since the will must be attached as Schedule A, signed in the required places, and all schedules initialed.

Adjustments and other court fees

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.

• Exemplification of letters: $50
• Letters of Administration DBN: $50
• Certified copy: $30
• Search: $20
• Orders (except default): $60

If an administrator is needed, a bond may also be required, set from the inventory value, unless the court orders otherwise.

The bond requirement does not apply to a trust company authorized to do business in the province or to the Public Trustee. The court can also dispense with the bond on an affidavit showing no debts or adequate provision.

What to do next

Once a grant issues, the work continues. Within 1 year after the grant, the holder must file in the registry an inventory and valuation, a statement of the estate received, a statement of disbursements, and a statement of the estate still outstanding.

• Prepare the inventory and valuation of Newfoundland and Labrador property.
• Estimate the fee using the schedule above.
• Confirm payment timing and method with the Probate Registry.
• Keep receipts, since you act for the estate and not personally.
• Speak with a lawyer if values are uncertain or the estate is complicated.

Frequently asked questions