PEI Probate Fees: What Executors Actually Pay

When a family member names you executor of a Prince Edward Island estate, one of the first things you search for is: how much is this going to cost? The short answer is that PEI has one of the most executor-friendly fee structures in Canada — but the court fee is only one part of what the estate will actually spend. Misunderstanding that distinction causes real problems.

The PEI Probate Fee Schedule

Probate fees are set by the Court Fees Act and calculated against the gross value of the probatable estate — only assets held solely in the deceased's name and subject to PEI court jurisdiction. Joint tenancy property, RRSPs and TFSAs with named living beneficiaries, and life insurance payable to a named beneficiary are excluded from this calculation.

The math is straightforward. A $300,000 probatable estate: $400 + 0.4% of $200,000 = $1,200. A $500,000 estate: $400 + 0.4% of $400,000 = $2,000. Compare that to Nova Scotia, where the same $500,000 estate incurs over $8,300 in probate fees, or Ontario at roughly $7,000.

These fees are paid by bank draft or certified cheque when you file with the Estates Section of the Supreme Court. Always verify the current rates against the Court Fees Act directly before filing — the above figures reflect current published rates but regulations can change.

Getting the Inventory Right

The probate fee is calculated from the Estate Inventory (Form 65E), filed as part of your court application. It lists every probatable asset at fair market value on the date of death.

Assets that go in the inventory and drive the fee:

• Real estate held solely in the deceased's name, or as tenants-in-common
• Solely owned bank accounts and investment accounts
• Business interests, vehicles, and personal property

Assets that are excluded:

• Real estate held as joint tenants with right of survivorship — it passes automatically to the surviving owner
• RRSPs, RRIFs, and TFSAs with a named living beneficiary
• Life insurance proceeds payable to a named living beneficiary

One common mistake: including a jointly held matrimonial home in the inventory. If the title says "joint tenancy," that property bypasses the estate entirely. Confirm the actual title at the PEI Registry of Deeds before including any real property.

What Executors Are Actually Surprised By

The provincial probate fee is rarely the largest estate expense. These are the costs that catch executors off guard.

Executor compensation. Under Section 11 of the Probate Act, executors can claim up to 5% of the gross amount received by the estate as a court-approved commission. On a $400,000 estate, that's potentially $20,000 — far exceeding the court fee. This compensation is taxable income for the executor.

Real Property Transfer Tax. PEI charges 1% on real estate transfers, but transfers from executor to beneficiary under a will are generally exempt. You still must file the Affidavit of Purchaser to claim the exemption — skipping this step means paying a tax you didn't owe.

Legal and accounting fees. Many executors hire a solicitor to prepare the Form 65 package. Standard PEI legal fees for straightforward probate typically run $1,500 to $5,000. Estates with large RRSP or RRIF balances often require an accountant for the terminal T1 return, since the full account value collapses into the deceased's final income and can generate the estate's largest single tax liability.

Funeral expense assistance. If the estate is insolvent, the PEI Social Assistance Program can provide up to $6,000 including HST — up to $5,000 for professional funeral services and $1,000 for disbursements such as grave opening or transportation over 25 kilometres.

Court copy fees. Once Letters Probate are issued, you'll need certified copies for banks and financial institutions. The Supreme Court charges scaled fees: roughly $10 for 1–5 certified pages. Budget for several copies.

Why Low PEI Fees Don't Always Mean Avoid Probate

In high-fee jurisdictions, the calculus is simple: if you can bypass probate, do it. PEI's modest fee schedule changes that equation.

Formal probate gives you Letters Probate that every financial institution will accept without question, automatic Royal Gazette publication (the court registrar files the creditor notice on your behalf — no newspaper to contact), and legal authority to transfer or sell solely owned real estate. Without a valid grant of probate, the PEI Registry of Deeds will not process a title transfer. If any real estate is held solely in the deceased's name, probate is mandatory.

For liquid-only estates, you can try negotiating with the bank directly. Some branch managers will release funds under a signed indemnity agreement, particularly for smaller balances or when the executor is also the sole beneficiary. If the institution refuses, probate is required regardless of estate size.

Given that the court fee tops out at $400 plus 0.4%, the incremental cost of obtaining formal legal protection is often far lower than the risk of distributing without it.

The Six-Month Waiting Period

Once Letters Probate are granted and the Royal Gazette notice publishes, you must wait six months before making any major, irrevocable distributions. Distributing before that window closes makes you personally liable for any debts that emerge afterward. Factor this timeline into any plans to sell inherited property or close accounts.

Filing Correctly the First Time

Rejected applications waste time and extend the administration. The most common rejection triggers:

• Executor's Oath (Form 65D) not properly sworn before a qualified commissioner of oaths or notary public
• Estate Inventory includes non-probatable assets, inflating the fee
• Original will submitted with staples removed or paperclips added, which signals tampering to the court
• Missing Proof of Will (Form 65F), which must be sworn by one of the original witnesses

Out-of-province executors and any application without a will generally require an Administration Bond (Form 65M or 65N). If every beneficiary signs a bond waiver, the court may dispense with this requirement, saving significant cost.

The Prince Edward Island Probate Process Guide covers every Form 65 document, the Royal Gazette submission process, and the complete fee and timeline picture in plain English — so you can file correctly and avoid delays.

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