Will the court send me a bill for probate fees?

Figuring out probate fees is one of many tasks that fall to you as executor. Probate fees are collected by the probate registry on behalf of the government. The court won’t send you a bill. As executor, you need to figure out the amount of probate fees yourself. Then, you pay the fees from the estate’s assets when you apply for probate.

First, figure out the gross value of estate assets less secured debts. When you apply for probate, you’ll already have to do this on the affidavit of assets and liabilities (form P10 or P11). That’s where you list estate assets and secured liabilities. Wherever possible, you should provide the market value of each asset at the time of death.

You don’t need to include assets that don’t form part of the estate in your calculation. That’s because you only have to pay probate fees on assets that the law considers to be estate assets. For example, some jointly owned property falls outside of the estate. We explain the types of property that aren’t usually covered by a will.

Figure out the probate fees using these steps:

• If the gross value of the estate (less secured debts) is worth $25,000 or less, you don't pay any probate fees.

• For the amount between $25,000 and $50,000: $6 for every $1,000 (or part of $1,000).

• For any amount over $50,000: $14 for every $1,000 (or part of $1,000).

When you file your probate application, you need to bring payment with you. Add a $200 filing fee as well. The court accepts bank drafts made out to the Minister of Finance. You can get a bank draft from your bank. The registry will check your calculation when they review your application. If everything is in order, they'll issue you a grant of probate.

If you're unsure about the math or the process, a lawyer or notary can help — and their fee is a legitimate estate expense. Check out our step-by-step guidance on applying for probate and filling out probate forms.