By Shea Sanche, CFP® · Last reviewed: April 2026
Probate can be slow, public, and expensive. With the right planning, much of your estate can pass outside of probate entirely - here's how.
What Probate Actually Is
Probate is the legal process by which a court validates a will and grants the executor authority to administer the estate. In Ontario, probate fees are charged at 0.5% on the first $50,000 and 1.5% on everything above - on a $2M estate, that's approximately $29,250 in fees alone. Beyond the cost, probate creates delay (the process can take weeks to months) and makes the will a public document, which has privacy implications for many families.
Strategy 1: Designated Beneficiaries on Registered Accounts and Insurance
Assets with named beneficiaries pass directly to the beneficiary outside the estate - and therefore outside probate. This includes RRSPs, RRIFs, TFSAs, group retirement plans, and life insurance policies. Ensuring all registered accounts and insurance policies have current, named beneficiaries (not the estate) is the single most impactful probate planning step for most Canadians. Review beneficiary designations regularly - life events like marriage, divorce, or the death of a beneficiary can make designations outdated, with potentially significant consequences.
Strategy 2: Joint Ownership With Right of Survivorship
Assets held jointly with right of survivorship (JTWROS) pass automatically to the surviving owner at death, outside the estate and outside probate. This is commonly used for the family home between spouses, bank accounts, and non-registered investment accounts. Joint ownership with adult children (rather than a spouse) is more complex and carries risks: the property is exposed to the co-owner's creditors, divorce, or tax obligations. Get professional advice before using this strategy outside a spousal context.
Strategy 3: Multiple Wills (Where Available)
In Ontario and some other provinces, a person can execute two separate wills: a primary will covering assets that require probate (real estate, financial accounts) and a secondary will covering assets that don't (shares in private corporations, personal property). Only the primary will is submitted for probate, reducing the estate value on which fees are calculated. This strategy is particularly valuable for business owners whose estate includes significant private company shares. Probate planning is not the same as estate planning - it reduces fees and simplifies administration, but it doesn't replace a properly structured will and a comprehensive plan for how assets are distributed. Our Estate Planning Guide provides a complete framework.
Common Questions
Answers to the questions people actually ask.
Do I still need a will in Canada if assets are joint?
What is probate in Canada?
What does an executor do?
Related Reading
Key Takeaway
The single most impactful probate planning step for most Canadians is ensuring all registered accounts and insurance policies have current, named beneficiaries rather than the estate. This simple action can save thousands in probate fees.