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№ 22 Wills & Estates

Probate Fees on a Cottage or Second Property in Ontario

Inheriting a cottage in Ontario? Learn how it is valued for probate, how mortgages reduce the tax, and when property may pass without probate.

Wills & Estates4 min readTSLBy the Treadstone Law Team · OntarioUpdated October 28, 2026
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Key takeaways
  • An Ontario cottage counts toward the estate value, less any registered encumbrance such as a mortgage or lien.
  • Estate administration tax is $15 per $1,000 of value above the first $50,000.
  • Assets held jointly that pass automatically to the surviving owner are excluded from the estate value.
  • If the deceased owned real property, the estate normally has to be probated.

A family cottage is often the most emotional asset in an estate, and frequently one of the most valuable. When it is inherited, the questions come quickly: how is it valued, how much tax will be owed, and is there a way to avoid going through probate at all?

This article explains how a cottage or second property is treated for estate administration tax in Ontario, and what affects whether it falls into the estate.

How a cottage is valued and taxed

Ontario real estate is counted in the estate value, less encumbrances such as a mortgage or lien. That means tax on a mortgaged cottage is based on equity, being the value less the registered encumbrance, not the full value.

The tax is based on the estate's value in Canadian dollars at the date of death. Ontario's guidance does not require a formal appraisal, and it permits a sworn estimate on the application, followed by a sworn statement of the total value. Form 74A asks for the total value of real property, personal property and the total estate.

The rate is $15 for every $1,000 (or part of $1,000), with the first $50,000 exempt. The value is rounded up to the nearest thousand before the rate is applied. Ontario's example of a $240,000 estate is $2,850 in tax.

Examples with a cottage in the estate

Total estate valueEstate administration tax
$500,000$6,750
$1,000,000$14,250
$2,000,000$29,250

These figures apply the rate to the value above $50,000. Remember that the estate value includes more than the cottage, such as bank accounts, investments and any registered plans without a named beneficiary. Funeral expenses, lawyer's fees, credit card debt and real estate commissions cannot be deducted.

Can the cottage bypass probate?

Sometimes, but it depends on how the property was owned. Assets held jointly that pass automatically to the surviving owner are excluded from the estate value. Property held in another person's name can still be counted in some cases, so the details matter.

Where the deceased did own the cottage in their sole name, Ontario says that if the deceased owned real property, the estate normally has to be probated. Planning arrangements made before death can change the picture, and they can have tax, family and legal consequences. How this applies depends on your situation, so a lawyer should review the title and any documents before you assume anything.

Sharing a cottage among beneficiaries

If there is a will, the named estate trustee usually applies for the certificate. A named estate trustee is not required to act, and if they decline, beneficiaries may nominate someone else. A signed copy of the application must be sent to all estate beneficiaries before filing.

Cottages are often left to several children, which can create disagreements about whether to keep or sell. The law on how to resolve those disputes depends on the will and the facts, so it is worth getting advice early. If the cottage is sold, real estate commissions cannot be deducted from the estate value for the tax.

If the cottage is distributed, a CRA clearance certificate (Form TX19) should generally be obtained before distributing estate property, because a representative who does not may be liable for unpaid tax up to the value of property distributed. CRA's service standard is 120 calendar days from receipt.

What to do next

Frequently asked questions

Is the cottage taxed at full value if there is a mortgage?

No. Encumbrances on real property, such as a mortgage or lien, can be deducted from the value of the real estate, so tax is based on equity.

Do I need an appraisal of the cottage?

Ontario's guidance does not require a formal appraisal. It describes the estate value as at the date of death and permits a sworn estimate with a later sworn statement.

Can a cottage held jointly avoid probate fees?

Assets held jointly that pass automatically to the surviving owner are excluded from the estate value. How the cottage was actually owned should be confirmed from the title.

How long does probate take?

Ontario states applications are typically processed within 15 business days. It takes longer if documents are missing or a judge must decide an issue.

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. Ontario 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 licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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