How Much Are Probate Fees in Nova Scotia and How Are They Calculated?

Probate in Nova Scotia involves a court charge that is worked out from the size of the estate. Many families want a number early, but you cannot get a reliable one until you know what counts toward the estate's value.

This article explains how the value is worked out and when the payment is made. The dollar amounts in the court's fee table change from time to time, so you should read the current table from the Probate Court rather than rely on a figure you find elsewhere.

This article covers the law of Nova Scotia.

What the fee is based on

An application for a grant of probate must be accompanied by the original will with proof of execution, proof of death, any required renunciations or security, and payment of the probate tax. So the payment is made at the start, not at the end.

The amount depends on the value of the estate. The value used for tax, security and inventory is the gross value of personal property plus the fair market value of real property, less registered mortgages and encumbrances.

Probate is generally needed when property is registered solely in the deceased's name, because it cannot be transferred to beneficiaries without court approval. For assets with a named beneficiary or joint owner, probate may be needed only if the asset holder, such as a bank, investment company or insurer, asks for it to prove authority, and that request is usually made only for sole-name assets. Land held as a joint tenant passes by survivorship without a grant.

How to work out the value

The estate is valued as of the date of death. If the court believes the value exceeds the inventory figure, it may inquire into the matter. Being careful and consistent with your numbers from the beginning helps avoid questions later.

Applying the court's fee table

Once you have the value, you apply it to the current Probate Court costs and fees table published by the Courts of Nova Scotia. Do not rely on older figures you may see online, since the amounts may have changed.

The application itself is made on the correct form. Form 8 (or 8A) is the application for a grant of probate, Form 9 (or 9A) is for a grant of administration, and Form 10 (or 10A) is for administration with will annexed.

Probate applications are dealt with by a Registrar of Probate for the district, and estate records are kept at the Registrar's office in each district.

Adjustments after the grant

After the grant, the personal representative files a full inventory in Form 29 within 3 months. The affidavit in Form 29 adjusts the probate tax under s. 87(1) of the Probate Act, with the result being no change, an additional payment, or a refund.

This means an early estimate does not have to be perfect, but it should be honest and well supported. Keep records of how each value was reached.

Other steps follow the grant. Within 30 days after a grant is issued, the personal representative must serve notice of the grant on each person who is or may be entitled to share in the estate, and proof of service is due within 60 days, although the registrar may extend these times. The estate is also advertised in the Royal Gazette for six months, after which the estate can move to distribution.

• Gather date-of-death statements for every account and investment.
• Get a realistic market value for any land, and find out what mortgages are registered against it.
• Note which assets are jointly held, outside Nova Scotia, or insurance, since these are excluded on Form 8.
• Remember the commission paid to the personal representative is a separate subject and is set by the court.

What to do next

• Locate the original will, because the original must be filed as an exhibit to an affidavit when you apply.
• Make a list of assets with date-of-death values.
• Confirm any registered mortgages on land.
• Check the current fee table with the Probate Court before you prepare payment.
• Make sure the affidavit is sworn before a barrister, notary public, registrar or deputy registrar, as an incomplete application may be rejected with a Form 17 notice.
• Diarize the 3-month deadline for the Form 29 inventory.

Frequently asked questions