What assets are subject to probate fees in Ontario?
All assets that form part of the probate estate are subject to Ontario's Estate Administration Tax: real property in Ontario, bank accounts, investment accounts, vehicles, and personal property. Assets that pass outside the estate — jointly held property (right of survivorship), registered accounts (RRSP, RRIF, TFSA) with named beneficiaries, and life insurance with named beneficiaries — are not included. This is why beneficiary designations are a key probate-avoidance tool.
How long does probate take in Canada?
Probate timelines vary by province: Ontario currently takes 4–8 months for a standard estate (backlog at the Estate Registrar). BC typically takes 2–4 months. Alberta is faster at 2–6 weeks for straightforward estates. Contested probate applications can take 1–3 years. These timelines are for court processing only — administering the full estate typically takes an additional 12–24 months.
Can probate be avoided in BC?
Yes. BC probate can be avoided through: designated beneficiaries on RRSPs, RRIFs, TFSAs, and life insurance; joint ownership with right of survivorship for real property and bank accounts; and alter ego trusts or joint partner trusts (available to individuals over 65). BC also has a simplified process for small estates under $25,000, and surviving spouses can use an Affidavit of Surviving Joint Tenant for jointly-held property.