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Probate Planning: Tips to Simplify Your Estate

By Shea Sanche

Estate planning is an essential aspect of financial management that ensures your assets are distributed according to your wishes. One key component is understanding the probate process—a court process that validates your will and authorizes a representative to manage your estate.

Many seek to avoid probate because it is a public, time-intensive process (typically 4-6 months, but can extend years for complex estates) and incurs fees based on the estate’s value.

For example, in Ontario, the first $50,000 of the estate is exempt from fees, but any value above that incurs a 1.5% fee.

Ways to Avoid Probate

Fortunately, there are several strategies to increase the efficiency of your estate and bypass these fees:

1. Assigning Beneficiaries on Eligible Assets

  • Effective for: RRSPs/RRIFs, TFSAs, Life Insurance, Pensions.
  • Designating direct beneficiaries allows these assets to bypass probate and go directly to the loved one.
  • Note: RRSPs/RRIFs have tax implications if the beneficiary is not your spouse.

2. Joint Tenancy with Rights of Survivorship

  • Effective for: Real Estate, Bank Accounts.
  • Holding assets in joint tenancy ensures they do not form part of the estate. Upon one joint tenant’s death, the surviving tenant automatically receives full ownership.

3. Segregated Funds

  • Effective for: Non-Registered Assets.
  • Segregated funds (offered by insurance companies) allow for beneficiary designation, bypassing probate. They also offer potential creditor protection, though often come with higher fees than standard mutual funds.

4. Gifting Assets Before Death

  • Gifting assets during your lifetime prevents them from forming part of your estate entirely. This offers estate planning benefits, though you must be mindful of capital gains taxes triggered at the time of the gift (unless gifting cash).

Conclusion

The goal of probate planning is to minimize your estate "on paper," ensuring fewer assets undergo the process. By employing strategies like assigning beneficiaries and holding assets in joint tenancy, you can save time and reduce costs for your heirs.