Probate Costs In New Brunswick: What To Expect

The cost of probate in New Brunswick is around $15,000 on average, although this does not include legal fees. Probate is the process of validating a will and confirming the authority of the individual named as the executor of the will. In New Brunswick, the Probate Court grants Letters Probate, which establish the validity of a will and certify that it was properly registered. The cost of probate varies depending on the value of the estate, with a fee of $5 per $1,000 or portion (0.5%) for estates valued between $5,000 and $20,000. There may also be additional court fees and taxes payable.

Probate fees in New Brunswick

The cost of probate and settling an estate is an average of $15,000, but this can vary depending on the complexity of the estate and whether legal assistance is required. The money spent on probate comes from the estate, not the executor's personal funds.

In addition to legal fees, there are two main types of expenditures to consider for probate in New Brunswick:

• A tax on the grant of common probate or letters of administration, as outlined in Schedule "A" of the Probate Court Act. This tax is based on the value of the estate and is collected by the Probate Office processing the application. Exemptions may apply for unusual or exceptional grants, but these are subject to a particular fee.
• Sundry fees as per Rule 4.02 and Appendix "A" of Regulation 84-9 under the Probate Court Act.

For estates valued over $5,000, the fee structure is as follows:

• Over $5,000 up to $10,000: $5 per $1,000 or portion (0.5%)
• Over $10,000 up to $15,000: $5 per $1,000 or portion (0.5%)
• Over $15,000 up to $20,000: $5 per $1,000 or portion (0.5%)

There may also be additional court fees payable. It is important to note that these fee structures are subject to change, and seeking professional advice is recommended to ensure accurate and up-to-date information.

Letters Probate

The Probate Court procedure is set out in Regulation 84-9 under the Probate Court Act. The Probate Rules outline the process for applying for Letters Probate of a will or letters of administration. The relevant forms to be used are also specified.

The need for Letters Probate depends on the nature of the assets, the beneficiaries, and the will. If the will is complex or the administration of the estate is expected to take several years, it is recommended that the executor obtains Letters Probate. These documents provide official recognition of the executor's authority over the estate and can be useful for tasks such as recovering money owed to the deceased or transferring assets according to the will. Additionally, Letters Probate may be necessary if the executor anticipates that their right to act as executor will be contested.

The person requesting Letters Probate can apply to the office of the Clerk of the Probate Court in the judicial district where the deceased resided or in a district where they owned property. The fees for Letters Probate are outlined in the Probate Court Act and its Regulations, based on the value of the estate. The fee is typically $5 per $1,000 of the estate being administered. If a lawyer is involved, their fees are separate and additional to the probate fee.

Probate Court Act

The Probate Court Act outlines the procedures and costs associated with probate in New Brunswick. Here is a detailed overview:

Letters Probate

The Probate Court of New Brunswick issues Letters Probate, which provide official recognition of the executor's authority over the testator's estate. These letters validate the will and certify its proper registration with the court. They apply to all property, including real estate and personal possessions, located within the province. The executor may obtain Letters Probate by applying to the Clerk of the Probate Court in the Judicial District where the testator resided or owned property.

Fees and Taxes

The Probate Court Act and its Regulations outline the fees payable to the Probate Court for Letters Probate, which are based on the value of the estate. The fee structure is as follows: $5 per $1,000 of the estate's value or a portion thereof. Additionally, there may be separate legal fees if a lawyer is involved in the process. Schedule "A" of the Probate Court Act specifies the tax payable on the value of the estate, which is collected by the Probate Office processing the application.

Administration of Estates

The Probate Court Act also addresses the administration of estates. When a person dies without a valid will (intestate), the Probate Court appoints an administrator to manage the estate. The administrator's duties include collecting assets, paying debts and taxes, and distributing the remaining assets according to the Devolution of Estates Act. If no one is willing or able to serve as an administrator, the Public Trustee may be appointed by the Court.

Other Considerations

The Probate Court Act also includes provisions for unusual or exceptional grants, which are exempt from the standard tax but subject to a particular fee. Additionally, Rule 4.02 and Appendix "A" of Regulation 84-9 under the Act outline the payment of sundry fees. The Act ensures that the Probate Court has the same powers as the Court of Queen's Bench to enforce judgments and issue orders.

Court fees

Firstly, according to Section 75.1 of the Probate Court Act, a tax is payable on the grant of common probate or letters of administration. This tax is based on the value of the estate and is outlined in Schedule "A" of the Probate Court Act. The same Probate Office that processes the application for letters probate or letters of administration collects this tax. It's important to note that unusual or exceptional grants are exempt from this tax but may be subject to a particular fee.

In addition to the tax, Rule 4.02 and Appendix "A" of Regulation 84-9 under the Probate Court Act outline sundry fees that must be paid. These fees must accompany all documents filed with the court and can be paid in person or by certified cheque or money order mailed to the appropriate court. Cheques and money orders should be made payable to the Minister of Finance for the Province of New Brunswick.

The Probate Court of New Brunswick charges a fee of $5 per $1,000 or a portion thereof (0.5%) for estates valued between $5,000 and $20,000. This fee structure is outlined in Schedule A of the Probate Court Act of New Brunswick.

It's worth noting that the probate process in New Brunswick can involve delays, which may impact the timing of any associated court fees and payments. However, there are methods to expedite inheritance disbursements, such as a probate advance offered by specialised firms.

Executor fees

If the will does not specify the executor's compensation, it is important to discuss and agree on a fair percentage with the beneficiaries and other executors. The executor has the right to be paid for their services, and this compensation is taxable. The fees can be set by the Probate Court if necessary.

In addition to executor fees, the executor also has the right to be reimbursed for all reasonable expenses incurred while administering the estate. The duties of an executor can be time-consuming and complex, so it is common to appoint a professional such as a lawyer or accountant as an executor, particularly for large or complicated estates. These professionals will charge for their services, which can include legal and financial advice, tax law expertise, and investment and real estate management.

Frequently asked questions