Is Probate Always Necessary? Exploring the Pros and Cons in Canada

Probate is one of those words that tends to make people nervous – it sounds like a legal process at an already difficult time. If you're handling a loved one’s estate or thinking ahead about your own, you might wonder: Is probate always necessary? The short answer is no, not every estate in Canada requires probate, but it depends on the circumstances. In this article, we'll break down what probate means, when you might be able to skip it, and the pros and cons of going through the probate process. We’ll also look at practices across multiple provinces, especially in Vancouver and British Columbia.

What Is Probate and Why Does It Matter?

Probate is the legal process that confirms the validity of a will and gives the executor legal authority to manage the deceased’s estate. If there's no will, the court appoints an administrator to do a similar job.

In most provinces, banks, investment firms, and land title offices require a grant of probate to transfer or release the deceased’s assets. This legal stamp gives third parties the confidence to deal with the executor or administrator. For example, in British Columbia, real estate in the deceased’s name alone almost always requires probate to transfer ownership.

Every province has its own rules. While the process is similar across Canada, the required forms, fees, and court procedures differ.

When Is Probate Required?

Probate is often needed in the following cases:

• Real estate in one name

• Large financial accounts without joint owners or named beneficiaries

• No beneficiary on life insurance, RRSP, or TFSA

• Complex or high-value estates

• If someone contests the will or estate

When Can You Avoid Probate?

You may not need probate if:

• The estate is small (thresholds vary by institution and province)

• Assets are jointly owned (with right of survivorship)

• Named beneficiaries are in place for insurance or registered accounts

• Spouses inherit through legal designations or title transfers

• Planning tools like trusts or multiple wills are in place

Probate in British Columbia

In BC, probate is necessary for real estate solely in the deceased’s name or bank accounts over a certain amount. Probate fees are:

• $0 for estates under $25,000

• 0.6% on the next $25,000

• 1.4% on the rest of the estate

Executors file probate documents with the BC Supreme Court, including the original will, a list of assets, debts, and a death certificate. Average timelines range from 2-3 months for simple estates to 6+ months for complex ones.

Probate in Ontario and Other Provinces

• Ontario: Probate fees (called Estate Administration Tax) are 1.5% on estates over $50,000. Ontario also offers a simplified process for estates under $150,000.

• Alberta: Capped probate fee of $525

• Quebec: Notarial wills skip probate entirely

• Nova Scotia: One of the highest probate fee provinces

• Manitoba: No probate fees at all since 2020

Pros of Probate

• Legal confirmation of executor authority

• Protection for the executor

• Clear structure for handling the estate

• Resolves title and asset transfer issues

• Offers transparency and legal recourse for beneficiaries

Cons of Probate

• Time delays: Court processing takes weeks or months

• Cost: Probate fees plus legal costs

• Paperwork: Complex applications and forms

• Privacy: Probate is part of public record

• Multi-jurisdiction estates: Require multiple probate filings

How to Minimize the Need for Probate

• Name beneficiaries on all eligible accounts

• Use joint ownership where appropriate

• Gift assets before death (watch for tax consequences)

• Create trusts to hold certain assets outside the estate

• Use multiple wills if allowed in your province

Conclusion

So, is probate always necessary? Not necessarily. Many Canadian estates – especially well-planned ones – can bypass or reduce probate using joint ownership, designated beneficiaries, or trusts. However, probate remains common, especially where real estate or significant financial assets are involved.

If you're planning your estate, the best approach is to evaluate your asset structure and explore ways to simplify things for your future executor. If you're managing a loved one's estate, check what requires probate and what doesn't. Either way, being informed helps reduce stress, delays, and unnecessary costs.

Have questions about probate in Vancouver or anywhere else in Canada?

Contact Adam Chahl for personalized guidance on estate planning, probate questions, or real estate matters tied to an estate.

We’re here to help make things easier.