How Much Does Probate Cost in Prince Edward Island?

Families often want a dollar figure for probate before they start. The honest answer is that the court fee depends on the value of the estate, and on which version of the fee schedule applies when you file.

This article explains how the fee is calculated in Prince Edward Island, what is counted and left out, and what other costs to expect. It does not give a total for larger estates, because that schedule should be confirmed with the court.

This article covers the law of Prince Edward Island.

How the fee is calculated

Probate fees are set by the Probate Act and scaled to probate value. The Act defines probate value as the gross assets of the estate, not including life insurance money passing on death to a named beneficiary.

The word gross matters. It points to the total of the assets rather than the estate after debts, so check with the Estates Section how it wants the value presented.

In Prince Edward Island, an application for probate or letters of administration is made to the Supreme Court's Estates Section by petition under Rule 65 (Estates of Deceased Persons). The petition must state the date of death, the deceased's marital status, and the name, age and address of each child.

The starting bands

The schedule rises in bands above those amounts. Figures you find online for larger estates can disagree with one another, and older versions of the scale exist. Ask the Estates Section, or a lawyer, which schedule is in force before you rely on any number.

What is left out of the value

Life insurance paid to a named beneficiary is excluded from probate value, so it does not increase the probate fee. That can make a real difference to an estate that holds a large policy.

Other kinds of property can also sit outside the estate depending on how they were held. Which ones do depends on the facts, so a lawyer can confirm this.

Which petition and grant apply

The prescribed petition forms are Form 65A (Petition for Probate), Form 65B (Petition for Administration with will annexed) and Form 65C (Petition for Grant of Administration), and the executor swears an oath on Form 65D. The grant issued to an executor is Letters Probate (Form 65U), and where there is a will but no executor acts, Letters of Administration with the Will Annexed (Form 65W) issue.

• A named executor may decline the role by filing a renunciation of probate or of administration (Form 65K).
• If the named executors fail to take out probate after thirty days' notice from an interested party, letters of administration with the will annexed may be granted instead.
• On an intestacy where no letters have issued, a person interested must, before applying for a grant themselves, cite those with a prior right to accept or refuse administration.
• Form 65C requires the petitioner to list the next of kin and heirs at law and state the grounds of the applicant's right to administer.

Where no one is entitled or willing to administer an estate, the Provincial Administrator of Estates Act governs the Provincial Administrator's role. Where the Probate Act and Rule 65 are silent, the general Rules of the Supreme Court apply to Estates Section proceedings.

Other costs to expect

• Court filing fees generally follow the Court Fees Act and its regulations.
• If accounts are passed, costs on the passing of accounts are fixed under the Probate Act schedule.
• Ancillary grants for estates already probated elsewhere issue on application and payment of prescribed fees.
• Death certificates come from the Vital Statistics Division, and a certificate showing cause of death is restricted to certain relatives such as a spouse, child, parent or sibling.
• Legal and accounting help are separate costs that vary with the estate.

The final income tax return can also affect timing and cost. The final T1 return is due April 30 of the following year if death occurred January 1 to October 31, or six months after the date of death if death occurred November 1 to December 31. If the deceased or their spouse or common-law partner carried on a business, the return is due June 15 for deaths January 1 to December 15, though any balance is still due April 30. If the person died early in the year before filing the prior year's return, that return is due six months after the date of death.

The legal representative should also determine whether a CRA clearance certificate is needed before distributing any property of the estate.

How these costs get paid depends on your situation, and keeping receipts for every expense is a sensible habit. Confirm the approach with a lawyer if the estate has little cash at the start.

What to do next

• List the gross assets of the estate and note any life insurance with a named beneficiary.
• Work out which assets are in the estate and which pass outside it.
• Ask the Estates Section for the current fee schedule before you file.
• Keep receipts for every fee and expense you pay for the estate.
• Speak with a lawyer if the estate is large or the figures are unclear.

Frequently asked questions