Nova Scotia Probate Fees: What They Cost and How They Are Calculated

Nova Scotia has one of the higher probate tax schedules in Canada. Unlike Ontario or British Columbia — where dual wills and other bypass strategies can meaningfully reduce the taxable estate — Nova Scotia closes off those options. The full gross estate must go through probate, and the fee scales steeply with estate size. Before you can plan around the fees or estimate what they will cost an estate you are administering, you need to understand exactly how the calculation works.

The Fee Schedule

Nova Scotia probate fees are set out in the Probate Act and calculated based on the value of the estate. The current fee tiers are:

For large estates, the fees compound quickly. An estate worth $902,000 would be calculated as:

$1,002.65 + (802 × $16.95) = $14,596.55

There is no cap. An estate worth $2 million pays $1,002.65 + (1,900 × $16.95) = $33,207.65.

Additional grants — for example, if the estate needs a second grant for newly discovered assets — cost $133.35 each.

Court fee waivers exist for low-income applicants who cannot afford the probate fee. Application is made to the court alongside the probate filing; supporting financial documentation is required.

What the Fee Is Calculated On

This is where Nova Scotia's rules diverge from what most executors expect, and where errors in the probate application are most common.

The fee base is:

Gross personal property + Net real property

Breaking down each component:

Personal Property (Gross)

All personal property — bank accounts, investments, vehicles, business interests, personal effects — is included at its gross value. You cannot subtract outstanding debts, funeral expenses, or mortgages on personal property to reduce this figure. The gross value is what counts.

A $200,000 investment portfolio is $200,000 for probate purposes, even if the estate owes $150,000 to creditors.

Real Property (Net)

Real property — land and buildings — is included at its net value, meaning you can subtract the outstanding mortgage balance. A home worth $600,000 with a $280,000 mortgage outstanding contributes $320,000 to the fee base.

However, you cannot subtract:

• Unsecured debts (credit cards, lines of credit)
• Property taxes outstanding at death
• Funeral expenses
• Legal fees of the estate

Only the mortgage registered against the specific property reduces its value in the fee calculation.

Exclusions from the Fee Base

Not all real property is included:

Out-of-province real estate is excluded from the Nova Scotia probate calculation. A vacation property in Ontario does not add to the Nova Scotia fee base (though it may need to be dealt with under Ontario probate separately).

Mobile homes: Counterintuitively, mobile homes are classified as real property, not personal property, for Nova Scotia probate purposes. Their value (net of any financing) is included in the real property component of the calculation.

Why Nova Scotia's Probate Cannot Be Avoided Through Dual Wills

Ontario and British Columbia executors sometimes use a dual will strategy — a primary will for assets requiring probate and a secondary will for private company shares and other assets that can transfer without a court order. The secondary will is never submitted to probate, eliminating the fee on those assets.

Nova Scotia does not permit this. The entire gross estate must go through probate — there is no legal mechanism to ring-fence private assets from probate fees. For Nova Scotia residents with larger estates, the legitimate planning options are holding assets jointly with right of survivorship, naming beneficiaries on registered accounts and insurance policies, and using inter vivos trusts established during the deceased's lifetime. All must be in place before death — the executor cannot implement them after the fact.

The $25,000 Public Trustee Limit: Not What You Think

Nova Scotia has a provision that allows the Office of the Public Trustee to administer an intestate estate (no will) worth under $25,000 without obtaining a court order. This is sometimes described informally as a "small estate exemption."

It is not available to private citizens or family members. It applies only when the Public Trustee's Office is acting as administrator — a circumstance that arises when there are no willing relatives or when the estate is otherwise unclaimed. A family member who wants to handle a small estate still needs to go through probate.

There is no general small estate exemption in Nova Scotia that allows a private citizen to skip the court process. If the estate has solely-owned assets — even a modest bank account — and there is no named beneficiary or joint owner, probate is the path.

What Triggers Probate

Probate is required when a third party — a bank, land registry, pension administrator, or investment firm — requires a court order before releasing assets. The practical triggers are:

Almost always requires probate:

• A home or other real property held solely in the deceased's name
• A bank account or investment account held solely in the deceased's name with no named beneficiary
• Private company shares

Does not require probate (assets that pass outside the estate):

• Property held as joint tenants with right of survivorship — passes directly to the surviving owner
• RRSPs, RRIFs, and TFSAs with a named beneficiary (not the estate)
• Life insurance policies with a named beneficiary (not the estate)
• Pension plans with a named beneficiary

For the Nova Scotia Estate Settlement Guide, which walks through the full probate process — including which forms to file, the Royal Gazette creditor advertising requirement, and the 6-month waiting period before distribution — that detail is covered step by step.

The Real Cost of Nova Scotia Probate

For context, here is the probate fee at common estate sizes:

How those are calculated: $1,002.65 + (excess thousands above $100,000 × $16.95). So for a $500,000 estate: $1,002.65 + (400 × $16.95) = $7,782.65.

Additional costs: the Royal Gazette creditor advertising fee is $68.15, payable to the "Minister of Finance." This is required after the Grant of Probate is issued. The 6-month creditor advertisement period must run before the estate can be distributed. Additional grants cost $133.35 each.

Executor Compensation and Out-of-Province Executors

Nova Scotia sets the maximum executor compensation at 5% of the gross estate received — taxable income for the executor. On a $500,000 estate, that is up to $25,000. Where the executor is also a major beneficiary, it may be more tax-efficient to waive compensation and simply receive the inheritance, which is not taxable. Take this question to an accountant before the estate closes.

An out-of-province executor must post a bond equal to 1.5 times the estate value unless the will removes the requirement, all adult competent beneficiaries sign written consent waiving it, or there is a co-executor who resides in Nova Scotia. Bonding costs money and adds time — address it at the start of the probate application, not at the end.

Getting the Full Picture

Probate fees are the most visible cost in a Nova Scotia estate administration, but not the only one. Lawyer's fees, the Royal Gazette advertising requirement, the CRA Clearance Certificate process, and executor compensation all factor into the total timeline and expense. The Nova Scotia Estate Settlement Guide covers the complete process — from the initial probate filing through final distribution — with current forms, deadlines, and fee amounts in one place.

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