Bourne, Jenkins & Mulligan

March 15, 2003
What are probate fees?

by Amy MacMillan

Probate is the process of proving that a Will is the valid Last Will and Testament of a deceased person. In order to prove the Will, it is submitted to the Superior Court of Justice by the person applying for appointment as Estate Trustee, formerly known as “Executor,” together with supporting documentation and the required probate fees.

The calculation of probate fees is based upon the value of the world-wide assets belonging to the Estate. The fees are quite substantial, and as a result many people structure their estates in order to minimize or avoid them.

Not every Will must be probated. If probate can be avoided, so can payment of probate fees. The nature and value of the Estate assets will dictate whether probating a Will is required.

Site created and designed by Ink Stain Design