Because estate planning is under provincial or territorial jurisdiction, laws about wills, estates, succession, and probate can differ from province to province and territory to territory. In Saskatchewan, the probate process may be similar to other provinces, but the probate fees are not.
In this article, we’ll take a look at what it means to probate a will in Saskatchewan, average probate fees across the country, how probate fees are calculated in Saskatchewan and more.
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What is probate?
Probate is the process of formally validating (“probating”) a will and granting the appointed executor letters of probate so they can proceed with managing and distributing the estate.
Not all estates need to go through probate, and not all assets are subject to probate either. Generally, the need for probate depends on whether or not there is a will, the type of assets in the estate, and the size of the estate.
If the deceased has a will and named an executor, probate may not be required for their estate if:
- Their estate is valued at under $250,000, and they do not own property (ex. a house), or
- Their bank or financial institution agrees to waive a grant of probate, or
- They are a First Nations member who is a resident of a reserve and passed away on reserve, or
- They have multiple wills to separate assets, and the second will does not require probate
If the person who passed away died without a will or without appointing an executor, the courts will appoint someone as administrator for the estate during probate and grant letters of administration instead.
The probate process in Saskatchewan
Here’s a breakdown of how the probate process works in Saskatchewan if an estate requires probate. The first to consider is whether or not the deceased had a will and named an executor.
If there is a will and an executor
The executor will need to apply for probate by submitting the following documents:
- Application for Grant of Probate
- Affidavit of Applicant for Probate
- Affidavit of Execution of Will
- Statement of Property
- Renunciation of Probate (if applicable)
- Affidavit of Execution (if renunciation applies)
- Certificate – No Persons Under 18 Years
- Certificate of Death issued by a funeral director, coroner, or the Registrar of Vital Statistics
- The legal copy of the will
The executor must then present these completed documents to the Court of King’s Bench in Saskatchewan and pay for any application and probate fees. The fees will be taken out of the estate itself. For more information on these documents, click here.
If the court confirms the will is valid and all documents are satisfactory, they will issue letters of probate to the executor so they have the authority to manage and distribute the estate as outlined in the will.
If there is no will or no appointed executor
Without a will or appointed executor, someone must apply to the Court of King’s Bench for letters of administration in Saskatchewan and pay the associated application and probate fees. The application should include the following:
- Application for Grant of Administration
- Affidavit of Applicant for Administration
- Statement of Property
- Renunciation of Administration
- Two copies of Notice to Public Guardian and Trustee (if there are beneficiaries less than 18 years of age)
- The legal copy of the will (if applicable)
If everything is in order, the court should issue letters of administration to appoint the administrator and allow them to manage and distribute the estate as per the will or as per Saskatchewan’s Intestate Succession Act.
Note: While Saskatchewan’s succession laws recognize common law partners as spouses, it’s always a good idea to protect loved ones’ inheritances by naming them as beneficiaries in a will.
What are the executor fees in Saskatchewan?
Executor fees are paid to an executor out of the estate itself as compensation for the executor’s work after they have finished managing and settling an estate.
Typically, the rule of thumb is that the compensation is no greater than 5% of the estate, but the courts may decide to lower it if the amount doesn’t equal the value of the work. For example, an executor could administer a simple estate and ask for 5% as compensation. But if the estate is worth $1 million, that’s a $50,000 compensation fee for only a small amount of work.
Executor fees can also be pre-emptively managed in the will itself by specifying how the executor should be compensated.
It’s possible that an executor will also waive their fee if they are also a beneficiary and do not want to take more out of the estate than they have been gifted.
How long does it take to get letters of probate in Saskatchewan?
As probate is influenced by government timelines, jurisdictions with higher population density or more complex legal requirements may have longer settlement times. It can take anywhere from a few weeks to a few months to receive letters of probate or administration in Saskatchewan.
What is the average probate fee in Canada?
Probate fees, also known as estate administration tax or estate filing fees, are fees the estate pays when someone submits a probate application.
These fees vary a lot depending on which province or territory the estate is in. Some provinces or territories have no fees for estates under a certain amount, others have incremental fees, and then there’s Manitoba, which has no probate fees at all.
Learn more about probate fees across Canada →
How much are probate fees in Saskatchewan?
According to the Administration of Estates Act, probate fees in Saskatchewan are calculated as $7 for every $1,000 of value passing through the estate. These fees are valid as of April 4th, 2024.
Additionally, there is a court filing flat fee of $200, plus an additional fee of $25 if there is a request for issuing a Certificate of No Infants. A Certificate of No Infants serves as proof that no children or minors are involved in an estate, ensuring that the estate can be managed without any legal complications related to minor beneficiaries.
Here are some tips for making an estate plan as a parent →
The value of the estate includes all assets except the following:
- Joint assets where the other joint owner(s) are still alive,
- Life insurance policies that have a named beneficiary, or
- RRSPs or RRIFs with a named beneficiary
Saskatchewan probate fees calculator
Preparing an estate for probate
Probate is a process someone can plan for, even if they’re not around when it happens. People can look after themselves and their loved ones by creating a will and power of attorney documents and organizing their estate to make the probate process easier.
This can include adding loved ones as beneficiaries to investments and insurance policies, sharing assets through joint ownership, and more.
Probate isn’t something to be afraid of. Yes, there are fees involved with it, but there are also benefits like confirming the validity of the will and issuing a grant of probate to the executor, which can help smooth the estate administration process.
