New Brunswick Probate Fees: 2026 Court Costs Explained

If you have been searching for New Brunswick probate fees and finding numbers that seem inconsistent — some websites showing $25 for small estates, others showing much higher figures — the reason is simple: the fee structure changed substantially in mid-2026, and most of what's online still reflects the old system. Here is the current structure, with examples.

The 2026 Fee Restructure: What Changed

For years, New Brunswick charged relatively modest probate taxes. The old system charged $25 for estates under $5,000, scaling up incrementally through several tiers, with a flat rate of $5 per $1,000 for values above $20,000.

The 2026 restructuring eliminated most of those lower tiers and introduced a steeply higher rate for larger estates. Any guide or law firm blog you find that still references those old rates is outdated — and using those figures to plan your estate finances will leave you short.

The Current New Brunswick Probate Tax Structure

Always verify the current rates directly with the court at the time of filing — this is the structure effective mid-2026, but rates can change.

How to calculate what you owe:

For an estate valued at $80,000:

• Flat base: $200
• On the portion $20,001–$80,000 ($60,000 at $5 per $1,000): $300
• Total: $500

For an estate valued at $300,000:

• Flat base: $200
• On the portion $20,001–$100,000 ($80,000 at $5 per $1,000): $400
• On the portion over $100,000 ($200,000 at $15 per $1,000): $3,000
• Total: $3,600

For an estate valued at $500,000:

• Flat base: $200
• On the portion $20,001–$100,000 ($80,000 at $5 per $1,000): $400
• On the portion over $100,000 ($400,000 at $15 per $1,000): $6,000
• Total: $6,600

The probate tax payment must accompany your application at the time of filing. Applications submitted without the correct payment are rejected immediately.

What Counts as the "Estate Value" for Calculating Probate Tax?

This is a critical question that executors frequently get wrong. The probate tax is calculated on the probate estate — assets held solely in the deceased's name that must pass through the court process. The following are generally excluded from the calculation:

• Assets held in joint tenancy with right of survivorship (these pass directly to the surviving owner)
• Life insurance policies with named beneficiaries
• RRSPs, TFSAs, and pension plans with named beneficiaries (other than the estate itself)
• Real property located outside New Brunswick
• Assets held in a valid trust

Including these in your estate valuation would mean overpaying probate tax. Excluding assets that do belong in the estate would mean underpaying and potentially filing an incorrect return. Getting the valuation right requires accurately identifying which assets bypass the estate and which don't.

What Else You'll Pay Beyond the Court Tax

The probate tax is only one piece of the total cost. A complete picture of what estate administration costs in New Brunswick includes:

Mandatory additional costs:

• Death certificate from Service New Brunswick: $45 per copy (in-person or by mail) or $40 online. You will need 5 to 10 originals for banks, institutions, and government agencies.
• Land Registry recording fee: $85 per document if property is being transferred
• Notice to Creditors in the Royal Gazette: approximately $20 per publication

Optional but common costs:

• Solicitor's fees (if you hire a lawyer): governed by the Regulation 84-9 Schedule B tariff — 3% on the first $10,000 of estate value, 0.5% on the next $90,000, 0.33% on the next $200,000, and so on. For a $300,000 estate, this tariff amounts to roughly $1,430.
• Executor compensation: approximately 3% of the gross estate value under the accepted industry standard from the Trustees Act — this is separate from solicitor fees.
• Professional appraisals for real estate, business interests, or collectibles

If the Public Trustee acts as administrator (rare): $300 file-opening fee + $75 per hour + $100 annual administration fee.

The $25,000 Small Estate Exception

If the total estate value is $25,000 or less (assets solely in the deceased's name), the 2026 Bill 30 amendments may allow you to bypass formal probate entirely. Under the expanded small estate provisions, the Public Trustee of New Brunswick has the authority to administer these estates or facilitate the release of property directly to a verified executor without a formal court order.

This is a major change from the previous $3,000 threshold. If the estate is under $25,000, the formal probate process — and its associated tax — may not apply at all. Check this threshold first before assuming you need to file with the court.

How to Keep Costs as Low as Legally Possible

The probate tax itself is fixed by statute — there is no way to reduce it if the assets properly belong in the probate estate. But there are legitimate, legal ways to reduce the overall cost of administration:

• File the application correctly the first time (errors that trigger rejections add professional fees and time)
• Accurately exclude non-probate assets from the estate valuation
• Handle the administrative tasks yourself rather than delegating everything to a solicitor for a fee
• Explore whether the $25,000 small estate threshold applies before committing to a full application

The New Brunswick Probate Process Guide includes a step-by-step estate valuation framework, a complete breakdown of every cost category, and plain-English guidance on the forms and procedures for both the full probate process and the small estate pathway.

See more New Brunswick guides →