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№ 22 Wills & Estates

How to Reduce Probate Fees on an Estate in Prince Edward Island

Learn what drives probate fees in Prince Edward Island, how life insurance beneficiaries affect them, and what to check before using other strategies.

Wills & Estates4 min readTSLBy the Treadstone Law Team · Prince Edward IslandUpdated November 13, 2026
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Key takeaways
  • Probate fees in Prince Edward Island are scaled to the probate value of the estate, which is its gross assets.
  • Life insurance paid to a named beneficiary is left out of probate value, so it does not increase the probate fee.
  • Other fee-saving steps, such as joint ownership, can carry real risks and are worth reviewing with a lawyer before you act.

Probate fees can feel like a large cost at a difficult time, and many families ask whether there is a lawful way to lower them. Planners ask the same question. The answer starts with understanding what the fee is actually based on.

This article explains what counts toward the fee in Prince Edward Island, what is clearly left out, and why some popular strategies deserve caution. It is general information, not advice for your situation.

This article covers the law of Prince Edward Island.

What the probate fee is based on

An application for probate or letters of administration is made to the Supreme Court's Estates Section by petition under Rule 65. Fees for that petition are scaled to the probate value of the estate.

Under the Probate Act, probate value means the gross assets of the estate, not including life insurance money passing on death to a named beneficiary. Because it is a gross figure, the fee is generally tied to what the estate owns rather than to what is left after debts.

The schedule starts at $50 for a petition where probate value is up to $10,000, and $100 for $10,001 to $25,000, rising in bands above that. The higher bands should be confirmed with the Estates Section or a lawyer before you rely on any figure.

Life insurance and named beneficiaries

Life insurance paid to a named beneficiary is excluded from probate value, so it does not increase the probate fee. That is the clearest lawful point on the fee base.

The benefit works only if a beneficiary is actually named and the policy pays that person directly. If the money instead falls into the estate, it would not fit that exclusion, so it is worth checking how each policy is set up. Beneficiary choices also affect who receives the money, so they should match what the person actually wants.

Joint ownership and other strategies: weigh the risks

Joint ownership is often suggested as a way to keep assets out of the estate. Whether a particular asset counts toward probate value depends on how it is held and on the facts, so confirm it before relying on it.

Costs beyond the probate fee

Lowering the fee is only one part of the picture. Several other costs and obligations apply whatever the probate value is.

ItemWhat to know
Court filing feesThese generally follow the Court Fees Act and its regulations.
Passing of accountsCosts are fixed under the Probate Act schedule.
Final tax returnDue April 30 of the following year for a death from January 1 to October 31, or six months after death for a death from November 1 to December 31.
Final return with a businessIf the deceased or their spouse or common-law partner carried on a business, it is due June 15 for deaths January 1 to December 15, though any balance is still due April 30.
Clearance certificateThe legal representative should determine whether one is needed before distributing property.

A strategy that saves a small fee but creates a tax problem or a family dispute may cost more overall.

What to do next

If an estate is already open, the legal representative should confirm the fee base with a lawyer before filing.

Frequently asked questions

Does life insurance increase probate fees in PEI?

Not when it is paid to a named beneficiary. Probate value does not include life insurance money passing on death to a named beneficiary.

How much are probate fees in PEI?

The fee is scaled to probate value. The schedule starts at $50 where probate value is up to $10,000 and $100 for $10,001 to $25,000, rising in bands above that. Confirm the higher bands with the Estates Section.

Is joint ownership a safe way to avoid probate fees?

Not necessarily. It can change who owns and controls an asset during life, and its effect on the estate depends on the facts. Get legal advice before putting anyone on title or an account.

Can I skip probate entirely to avoid the fee?

Whether probate is needed depends on the assets and who holds them. A lawyer can confirm this for your estate. Where a grant is needed, the application is made by petition to the Estates Section.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Prince Edward Island laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a lawyer who practises in Prince Edward Island. Reach us at 1-844-900-1070 or send our Team a message.

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