Probate Fees in Manitoba — Abolished in 2020
Manitoba abolished probate fees in 2020. The change makes Manitoba one of the most estate-friendly Canadian provinces for probate costs. This guide covers what changed and what it means for Manitoba estate planning.
The abolition
Before 2020, Manitoba charged probate fees similar to other Canadian provinces — a percentage-based fee on the value of the estate. Effective November 6, 2020, amendments eliminated that percentage-based fee under what was then the Law Fees and Probate Charge Act, CCSM c L80 — the statute has since been renamed the Court Services Fees Act, CCSM c C297.[1]
What remains are modest administrative court fees for filing probate applications — typically a few hundred dollars rather than thousands.
What it means in dollars
For a $500,000 estate:
| Province | Approximate probate fees |
|---|---|
| Manitoba | Modest administrative fees only (≈ $0 for the percentage component) |
| Alberta | $525 (capped) |
| Saskatchewan | ~$3,500 |
| BC | ~$6,650 |
| Ontario | ~$6,750 |
Manitoba and Alberta are at the low end of Canadian provincial probate fees. Going the other direction, Ontario and BC charge significant percentage-based fees.
Why this matters for estate planning
Probate-avoidance strategies less compelling
In high-fee provinces (Ontario, BC), substantial estate planning effort goes into probate avoidance — joint ownership, designated beneficiaries, multiple wills strategy. These strategies primarily avoid probate fees.
In Manitoba, with probate fees effectively eliminated, the urgency of probate avoidance is reduced. Estate planning focus shifts to:
- Distribution intent (who gets what)
- Tax planning (capital gains at death, RRSP rollover, charitable bequests)
- Executor selection
- Specific family considerations
- Other estate administration efficiency
Probate still required
Probate isn't optional for many estates — banks, investment firms, real estate transfers typically require a probated Will. The fee question is separate from whether probate is needed.
Probate is a court process validating the Will and authorizing the executor. That process happens regardless of fee structure.
Specific Manitoba considerations
- The Wills Act (CCSM c W150) governs Wills
- Section 23 provides curative power for non-compliant documents
- Manitoba Wills Registry available for voluntary registration
- Common-law spouse rights under Manitoba family law and intestacy
What was the prior Manitoba probate fee
Before 2020, Manitoba charged a percentage fee similar to other provinces. The specific rate was lower than Ontario's but still meaningful for substantial estates. The 2020 abolition eliminated this rate, leaving only the modest administrative fees.
Implications for cross-province estates
If you live in Manitoba but have significant assets in other provinces, those other provinces' probate fees may still apply for the assets located there. Real estate is governed by the law of the province where it's located.
Example — Manitoba resident with substantial Ontario real estate:
- Manitoba estate (movable property): no significant probate fees in Manitoba
- Ontario real estate: Ontario probate fees apply when transferred (1.5% over $50,000)[3]
Specific cross-province planning may still be valuable for substantial multi-province estates.
How to apply for Manitoba probate
The process itself didn't change — only the fee did.
- Locate and read the Will
- Confirm executor's role
- Begin asset inventory
- Apply for Letters of Probate through Manitoba Court of King's Bench
- Provide required documentation
- Pay administrative fees (modest)
- Receive Letters of Probate (typically 4-12 weeks)
- Proceed with estate administration
See first 30 days executor for the general executor timeline.
Should I move to Manitoba for the fee savings?
Probably not — for most Canadians, the lifestyle, work, and family considerations far outweigh probate fee savings. But for high-net-worth Canadians without strong geographic ties, the Manitoba fee structure (combined with other provincial considerations) may be worth analyzing.
For Canadians already in Manitoba, the change is purely beneficial — lower estate costs without action needed.
What's still expensive
While Manitoba probate fees are minimal, total estate administration costs include:
- Lawyer fees (Manitoba estate lawyers; typical estate $2,500-5,000)
- Executor compensation (typically 1-5% of estate plus reasonable ongoing fee)
- Accounting fees for final tax returns (specific to complexity)
- Appraisal fees if needed
- Advertising for creditors (specific procedural requirement)
- Specific other administration costs
These aren't probate fees but are part of the total cost of estate administration.
What we focus on at It's Simple Will
The Will Creator produces Manitoba Wills. With probate fees abolished, Manitoba estate planning focuses on distribution intent and tax efficiency rather than probate avoidance.
Related guides
Citations & sources
- [1]The Court Services Fees Act, CCSM c C297 (formerly The Law Fees and Probate Charge Act, CCSM c L80) — probate charge eliminated Nov 6, 2020 — Government of Manitoba / CanLII
- [2]Manitoba Laws — Statutes — Government of Manitoba
- [3]Estate Administration Tax — Government of Ontario — Government of Ontario
Frequently asked questions
Did Manitoba really abolish probate fees?
Yes, the percentage-based probate fee was eliminated in 2020. Modest administrative court fees for probate applications still apply (filing fees for documents). The substantial percentage-of-estate fee that other provinces charge is gone.
What are the current Manitoba court fees for probate?
Specific administrative court fees apply for filing probate applications. These are modest compared to the eliminated percentage fee — typically in the low hundreds of dollars. Specific to current schedule.
Why did Manitoba abolish probate fees?
Part of broader provincial policy to reduce burden on estates. Estate administration is already costly (lawyer fees, executor compensation, accounting); reducing provincial probate fees lowers total burden. The change aligned Manitoba more closely with Alberta's low-fee approach.
Should I still probate my Manitoba estate?
Probate is required for many estate administration tasks regardless of fees — bank transfers, real estate, investment account closures often require probated Will. The fee question is separate from whether probate is needed.
Does this affect Manitoba probate strategy?
Yes — probate-avoidance strategies (joint ownership, beneficiary designations, multiple wills strategies used elsewhere) are less compelling in Manitoba since the fee they avoid is gone. Estate planning focus shifts to other considerations (tax planning, distribution intent).
How does Manitoba compare to other provinces?
Among the most estate-friendly. Alberta ($525 cap) and Manitoba (abolished) are at the low end. Saskatchewan, BC, and Ontario significantly higher. For a $500K estate — Manitoba effectively $0; Ontario approximately $6,750; BC approximately $6,650.