Probate Fees in Prince Edward Island: How Much Does Probate Cost in PEI?

PEI's probate fee structure is one of the more favourable in Canada for small and mid-sized estates. But there are several important rules about what counts toward the fee and what doesn't — and getting those wrong means either overpaying or triggering a rejected application.

The PEI Probate Fee Schedule

Probate fees in Prince Edward Island are calculated on the gross value of estate assets that pass through the court — meaning assets held solely in the deceased's name that require probate. The current fee tiers are:

Special provision for title vesting: If the only reason for probate is to vest title to real property — and there are no other estate assets being administered — the fee is a flat $50 regardless of property value.

Always verify current fees directly with the Supreme Court Estates Section before filing, as legislative changes can update these amounts.

How the Fee Is Calculated: What Counts and What Doesn't

The fee is calculated on the gross value of assets passing through probate. This means:

Debts are not deducted. A $300,000 house with a $200,000 mortgage is counted as $300,000 for fee purposes — not $100,000. This is a common and costly misunderstanding.

Assets that bypass probate are excluded. The fee does not apply to:

• Property held in joint tenancy with right of survivorship
• Bank accounts with a joint holder
• RRSPs, RRIFs, TFSAs with a named beneficiary
• Life insurance policies with a named beneficiary (not "the estate")
• Pension death benefits with a named beneficiary

Only the assets flowing through the probate application count toward the fee base.

An Example Calculation

Suppose the estate consists of:

• House in the deceased's sole name: $350,000
• Sole bank account: $40,000
• RRSP with spouse as named beneficiary: $85,000
• Joint chequing account: $15,000

The probate estate (assets requiring probate) = $350,000 + $40,000 = $390,000.

The RRSP and joint account bypass probate and are excluded.

Fee calculation:

• $400 for the first $100,000
• Plus $4 × 290 (for the $290,000 over $100,000) = $1,160
• Total probate fee: $1,560

That's on top of court filing costs and any legal fees if a lawyer is involved.

There Is No "Small Estate" Track in PEI

Unlike Ontario, British Columbia, and several other provinces, PEI does not have a separate simplified small estate affidavit process that allows families to bypass probate for estates under a certain dollar threshold.

In PEI, if an asset requires probate, it requires probate — regardless of estate size. The tiered fee structure means small estates pay very little ($50–$200), but the process itself (filing the petition, inventory, executor's oath) is the same.

This is a frequent source of frustration for executors who spend time searching for a "PEI small estate form" that doesn't exist. The answer isn't a different form — it's that the probate fees are scaled down significantly for small estates already built into the fee structure.

How PEI Compares to Other Canadian Provinces

PEI's fees are moderate compared to the rest of Canada:

• Ontario: 1.5% above $50,000 — one of the highest in Canada
• BC: Roughly 1.4% of estate value over $25,000
• Alberta: No probate tax — only flat court fees around $400 maximum
• PEI: Approximately 0.4% above $100,000 — significantly lower than Ontario and BC

For a $500,000 probate estate, PEI's fee is roughly $2,000. The same estate in Ontario would face a probate tax of around $6,750.

Other Costs Beyond the Probate Fee

The probate fee is the court's charge, but it's not the only cost of settling an estate. Executors should also budget for:

• Death certificates: $35–$50 each, and you'll need 6–10 originals typically
• Royal Gazette creditor notice: Automatically published when you file for probate; costs approximately $15 minimum plus HST, billed to the estate by the King's Printer
• Land registry deed registration: Scales from $77.25 to $463.65 depending on property value
• Executor compensation: Up to 5% of the estate value is the generally accepted standard in PEI (though courts have discretion)
• Legal fees: If you hire a lawyer, expect $250–$400 per hour for PEI estate solicitors

Can You Avoid Probate Fees Entirely?

Legally, yes — by ensuring assets are structured to pass outside the estate. The most common methods:

• Joint tenancy with right of survivorship for real property and bank accounts
• Named beneficiaries on all registered accounts (RRSP, TFSA, RRIF) and insurance policies
• Trusts, though these involve upfront legal costs to establish

Estate planning done before death can dramatically reduce — or eliminate — probate fees.

Probate Fees vs. Legal Fees: Know the Difference

The probate fee paid to the court and legal fees paid to a lawyer are separate and additive. Many PEI executors are surprised to find that a lawyer's bill for managing the probate application is larger than the court's own probate fee.

For a $200,000 probate estate:

• Court probate fee: $800 (400 + 0.4% × 100,000)
• Estate lawyer fee (if retained): Potentially $1,500–$5,000+ depending on complexity

Some PEI law firms offer fixed-fee probate services for straightforward applications. If you choose to work with a lawyer, ask for a fee estimate upfront and confirm what scope of work it covers.

Self-represented executors who prepare their own petition, oath, and inventory can avoid legal fees entirely. The court's probate fee is still payable regardless.

What Happens If the Probate Fee Is Calculated Incorrectly?

If the estate inventory (Form 65E) contains errors — overvalued assets, incorrect classification of joint property as probate assets — the probate fee will be wrong. The court may reject the application if the fee submitted doesn't match the inventory values, or the application may be accepted but audited later.

The more common error is overestimating the probate estate by including assets that actually bypass probate. Joint accounts and named-beneficiary accounts appearing in Form 65E inflate the fee unnecessarily. Review the asset classification carefully before filing.

The Prince Edward Island Estate Settlement Guide explains the distinction between probate and non-probate assets in detail and includes a Form 65E-compatible inventory worksheet to help you calculate the probate fee base for your specific estate.

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