Saskatchewan Probate Fees: How Much and How They Are Calculated

If you are an executor, or a family member helping one, the first money question is usually what probate will cost, especially when the estate includes a house. The fee is set by a formula, so you can estimate it once you know what the estate holds.

This article walks through the formula, what counts toward the estate value, a worked example, and when to pay. Fees can change, so confirm current amounts with the court before you file.

This article covers the law of Saskatchewan.

The basic fee formula

On a standard probate application there are two parts. The first is a Local Registrar fee of $200, set in Table 1 of The Administration of Estates Regulations 2020. The second is a levy of $7.00 per $1,000 (or portion thereof) of Total Part 1 Assets on the Statement of Property, under section 51 of The Administration of Estates Act.

"Or portion thereof" means a part-thousand is generally treated as a full thousand for the levy.

What counts toward the estate value

The levy is based on Total Part 1 Assets on the Statement of Property (Form 16-14). Land held solely in the deceased's name is a Part I asset, and so are items such as vehicles, jewellery and household items.

Some assets do not count because they pass outside the estate. Assets passing outside the estate, such as joint survivorship property, insurance with a named beneficiary, and RRSPs or RRIFs, are excluded from the fee calculation. The court also lists these as passing outside probate: land held in joint tenancy with survivorship, bank accounts with survivorship, life insurance with a named beneficiary, and RRSPs or RRIFs with a named beneficiary.

• Counted: land and other assets in the deceased's name alone, and personal property listed as Part I assets.
• Not counted: joint survivorship assets and named-beneficiary insurance, RRSPs and RRIFs.
• Real estate: only the equity counts.

How a house is valued and counted

For the Statement of Property you can value real property using a land appraiser or agrologist report, a real estate agent market evaluation, or a municipal property assessment. Because only the equity counts for the fee, a mortgage on the house reduces the amount counted.

If the house was held in joint tenancy with survivorship, it passes outside probate and is not part of the fee calculation. If it was in the deceased's name alone, probate is required, because an interest in land registered solely in the deceased's name is the one asset the court says absolutely requires it.

A worked example

Take a Part 1 estate of $500,000, made up of house equity plus accounts held solely in the deceased's name. The levy at $7 per $1,000 is $3,500, plus the $200 Local Registrar fee. In this example, those two amounts are the court fees on the application.

Your own figure will depend on the actual Part 1 total, so a rough estimate is a good starting point and the Statement of Property gives the final number.

When you pay, and special cases

The probate fee is paid at the court house when you apply. There are a few variations to know about:

• Estates of $15,000 or less administered by the applicant: the local registrar prepares the papers under section 7 of the Act only if the estate is within the prescribed amount, the applicant is a Saskatchewan resident entitled to letters, and the applicant is not a creditor. In that case the Local Registrar fee is $300 plus the $7.00 per $1,000 levy.
• Certificate of No Infants Interested: if the estate includes real property and no beneficiary is under 18 or a dependent adult, it costs $25 and must be requested from the Court of King's Bench when you file. If it was not requested at filing, it can instead be obtained from the Office of the Public Guardian and Trustee on a notarized copy of the Letters and an affidavit that no minors or dependent adults are interested, and one government page gives that fee as $30.
• Letters may not be needed at all for an estate of $25,000 or less with no real property, though real estate always requires Letters for land transactions at ISC.

Before you file, ask each bank or institution whether it needs Letters, since that decision is theirs for most financial assets. Then gather your valuations, list the assets on the Statement of Property, and speak with a lawyer if the estate is large, has debts, or involves minors.

Frequently asked questions