Probate Fees New Brunswick 2026: Complete Guide to Estate Costs

When someone passes away in New Brunswick, their estate typically must go through probate - the court-supervised process of validating the will and granting the executor legal authority to distribute assets. New Brunswick's probate system charges a fee based on the total value of the estate, governed by the Probate Court Act and its associated regulations.

The good news for New Brunswick residents: at 0.5%, the province's probate rate is considerably lower than what families pay in Ontario or Nova Scotia. But on a large estate, even this moderate rate adds up. Here's exactly how the fees work in 2026 and what you can do to minimize them.

New Brunswick Probate Fee Schedule 2026

Unlike Ontario's tiered system, New Brunswick uses a straightforward flat-rate structure. The probate fee applies uniformly to the entire value of the probatable estate:

The simplicity of this structure is one of its advantages - there are no brackets or thresholds to calculate around. The fee is assessed on the gross value of probatable assets (before debts are deducted).

NB Probate Fee Calculator: Common Estate Values

New Brunswick vs Other Provinces: Probate Fee Comparison

One of the most important things New Brunswick residents should understand is how their province compares. At 0.5%, NB sits in the moderate range - considerably cheaper than the Atlantic neighbor Nova Scotia and much lower than Ontario.

What Assets Bypass Probate in New Brunswick?

The following assets pass outside the will and are not subject to New Brunswick probate fees:

• RRSPs, RRIFs, TFSAs with named beneficiaries (other than "estate")
• Life insurance policies with a named beneficiary (not the estate)
• Pension plan death benefits with named beneficiaries
• Real estate held in joint tenancy with right of survivorship
• Bank and investment accounts held jointly with right of survivorship
• Assets held in an inter vivos (living) trust

The core principle is straightforward: any asset that transfers automatically to a named beneficiary or surviving joint owner does not flow through the will and therefore avoids probate.

6 Legal Strategies to Reduce NB Probate Fees

Strategy 1: Name Beneficiaries on All Registered Accounts

The single most impactful and cost-free step is ensuring every RRSP, RRIF, TFSA, and pension plan has a named beneficiary - ideally your spouse or children, never "my estate." Naming the estate as beneficiary pulls those assets into the probatable estate and triggers probate fees unnecessarily.

For TFSAs specifically, naming your spouse as successor holder (rather than just beneficiary) allows them to inherit the account with full contribution room intact. Review all designations annually, particularly after major life events like divorce, remarriage, or the death of a beneficiary.

Strategy 2: Hold Real Estate in Joint Tenancy

Real estate held in joint tenancy with right of survivorship automatically passes to the surviving joint owner outside the will - no probate required. This is the standard structure for most married couples owning a family home and is completely legitimate.

Important caution: Adding an adult child as a joint owner of property is more complex. It may trigger a deemed disposition for capital gains purposes, expose the property to the child's creditors or family law claims, and create complications if the child predeceases you. Always consult a New Brunswick estate lawyer before adding non-spouse joint owners.

Strategy 3: Life Insurance Beneficiary Designations

Life insurance death benefits paid directly to a named beneficiary are completely outside the estate. They are not probated, not subject to probate fees, and are generally protected from estate creditors. If your policy currently names the "estate" as beneficiary, contact your insurance provider to change it to a named individual immediately.

Strategy 4: Inter Vivos (Living) Trust

An inter vivos trust is created during your lifetime and holds assets on behalf of your beneficiaries. Since the trust owns the assets - not you personally - they don't form part of your estate at death and are not subject to probate.

This strategy is particularly useful for:

• Vacation properties or cottages you want to keep in the family
• Large investment portfolios
• Business succession planning
• Families with complex blended-family situations

Be aware that transferring assets into a trust can trigger a deemed disposition for capital gains purposes. The trust also requires ongoing administration and tax filings. For estates under $1 million, the legal and accounting costs may outweigh the probate savings. For larger estates, the math often favors this approach.

Strategy 5: Lifetime Gifts

Assets you give away during your lifetime are no longer part of your estate at death - reducing the probatable estate directly. Gifting cash, investments, or property to family members is a straightforward way to reduce future probate exposure.

However, gifts of appreciated assets (stocks, real estate) trigger a deemed disposition at fair market value, potentially creating an immediate capital gains tax liability for the giver. Gifting cash or assets with minimal unrealized gains is the most tax-efficient approach. Always ensure you retain enough for your own financial security before making significant gifts.

Strategy 6: Designate Beneficiaries on Non-Registered Accounts

Some financial institutions in New Brunswick allow you to name a beneficiary directly on non-registered investment accounts. Where available, this removes those accounts from the probate estate entirely. Ask your financial advisor or bank whether this option exists for your accounts - it is an underused strategy that costs nothing to implement.

How to Apply for Probate in New Brunswick

The probate process in New Brunswick is handled through the Court of King's Bench (Probate Division). Here is the general process:

1. Gather required documents: Original will, death certificate, and a complete inventory of the deceased's assets and their values
2. Prepare the application: Complete the required court forms, including the Petition for Grant of Probate and supporting affidavits
3. File with the Probate Court: Submit the application to the Probate Court in the judicial district where the deceased resided
4. Pay the probate fee: The $5 per $1,000 fee is payable at the time of filing, based on the estimated gross value of the probatable estate
5. Receive the Grant of Probate: Once approved, the court issues the Grant of Probate (formerly Letters Probate), giving the executor legal authority to deal with estate assets
6. Administer the estate: Collect assets, pay debts and taxes, and distribute to beneficiaries according to the will

Most executors hire a New Brunswick estate lawyer to handle the probate application. Legal fees for a straightforward probate typically range from $1,500 to $4,000, in addition to the government probate fee. For complex estates involving business interests, multiple properties, or interprovincial assets, costs can be higher.

What Happens if There Is No Will (Intestacy)?

If someone dies without a valid will in New Brunswick, the estate is distributed according to the Devolution of Estates Act. The probate process still applies - but instead of a Grant of Probate, the court issues Letters of Administration appointing an administrator (typically the closest family member).

Under New Brunswick's intestacy rules:

• Married with no children: The surviving spouse receives the entire estate
• Married with children: The spouse receives a preferential share (currently the first $100,000 of the estate), with the remainder split between the spouse and children
• No spouse: Children inherit equally; if no children, it passes to parents, then siblings, then more distant relatives

Dying without a will almost always creates additional costs, delays, and potential family conflict. A valid will is one of the most important estate planning documents any New Brunswick resident can have.

Special Considerations for New Brunswick Estates

Real Estate Values in NB

New Brunswick real estate values have risen significantly in recent years as out-of-province buyers have entered the market. Cities like Moncton, Saint John, and Fredericton have seen substantial price increases. Higher property values mean larger probatable estates and higher probate fees - making joint ownership and other avoidance strategies increasingly important.

Interprovincial Estates

If a New Brunswick resident owns real estate in another province (such as a cottage in Nova Scotia or an investment property in Ontario), that out-of-province real estate may need to go through an ancillary probate process in the province where the property is located - potentially triggering probate fees in both provinces.

This makes interprovincial asset planning especially important. Holding out-of-province property in joint tenancy or through a trust can eliminate the need for ancillary probate.

Farm and Business Succession

New Brunswick has a significant agricultural sector and many family-owned businesses. For farm operators and business owners, probate planning is critical. Business interests and farm assets held in sole name flow through the probatable estate. Strategies such as incorporating the farm or business, using a trust, or transitioning ownership during your lifetime can reduce probate exposure and facilitate smoother succession.

Common Probate Planning Mistakes in New Brunswick

• Naming "my estate" as beneficiary on registered accounts: This pulls RRSPs, TFSAs, and other registered assets into the probatable estate, triggering unnecessary probate fees. Always name a specific person.
• Failing to update beneficiary designations: After divorce, remarriage, or the death of a beneficiary, outdated designations can cause serious problems - including assets going to an ex-spouse.
• Assuming a small estate doesn't need a will: Even modest estates benefit from a valid will. Without one, the intestacy process is slower, more expensive, and the distribution may not match your wishes.
• Ignoring jointly-held property complications: Joint tenancy with right of survivorship must be explicitly established. Tenancy in common (the other form of co-ownership) does NOT bypass probate - the deceased's share flows through the estate.
• Overlooking out-of-province assets: Real estate in another province may trigger ancillary probate in that jurisdiction, adding fees and complexity. Plan for interprovincial assets specifically.

For a comprehensive overview of all taxes and costs that apply to Canadian estates beyond probate fees, see our guide to inheritance tax in Canada 2026.

Disclaimer: This article provides general information only and does not constitute legal or tax advice. Estate laws vary by province and are subject to change. Always consult a qualified estate lawyer and Certified Financial Planner in New Brunswick before making estate planning decisions.