Probate Tax in Nova Scotia is applied to the full value of the assets in a deceased person’s estate, IF the estate is handled through the Probate Court. Not all estates require Probate. If you’re not sure if Probate is required, read our blog HOW DO I KNOW IF A NOVA SCOTIA ESTATE REQUIRES PROBATE?

Estimate the Value of the Estate

If the estate does require Probate, the first document you submit to the court will require you to estimate the value of the deceased person’s estate at the time of their death. The estimate is broken into two parts: Real Property (meaning land) and Personal Property (meaning everything else). Remember, the value of the estate includes ALL of the assets of the estate, not just the asset that caused the estate to require Probate. If you’re not sure how to value the estate, read our blog: HOW DO I CALCULATE THE VALUE OF AN ESTATE IN NOVA SCOTIA FOR PROBATE?

Probate Tax Owing

Once you have a number (value of real property + value of personal property) you apply it to the following chart to determine how much Probate Tax is estimated to be owing. These values come from the Nova Scotia Probate Act, section 87(2).

Estates not exceeding $10,000 - $85.60

Estates exceeding $10,000 to $25,000 - $215.20

Estates  exceeding $25,000 to $50,000 - $358.15

Estates exceeding $50,000 to $100,000 - $1,002.65

Estates exceeding $100,000 - $1,002.65 + $16.95 for every $1,000

or portion thereof in excess of $100,000

Probate Tax Owing Adjusted Upon Filing Inventory

You need to know this amount because, in Nova Scotia, the estimated Probate Tax must be paid into the court before they will release the paperwork confirming that you have been granted administration of the estate. If you don’t have all the information with respect to the actual value of the estate at the time of death (sometimes because a financial institution won’t release the numbers until you have been formally appointed), you would submit your best guess and the Probate Tax owing will be adjusted accordingly when you file the formal Inventory down the line.

Calculating how much Probate Tax is owing if the estate is valued at under $100,000 is relatively straightforward. For example, if the estate was valued at $22,000, you would fit into the second category and Probate Tax owing would be $215.20.  If the estate was valued at $94,000, you would fit into the fourth category and Probate Tax owing would be $1002.65.

Calculating Probate Tax Owing on an Estate over $100,000

Where it gets a bit tricky is for estates valued over $100,000. Let’s work through an example:

An estate is valued at $125,620.

Step 1: Probate Tax owing on the first $100,000 is always $1002.65.

Step 2: Calculate how many units of $1000 (including portions of $1000) remain. In this case it’s 26. ($25,620/1000 = 25.62, always round up to the nearest full number, in this case, 26).

Step 3: Calculate Tax owing on the amount over $100,000. 26 x $16.95 = $440.70

Step 4: Combine the Tax owing on the first $100,000 and the tax owing on the amount over $100,000 ($1002.65 + $440.70) which is a total owing of $1443.35

If you have more questions about the Probate Process in Nova Scotia or how to Administer an Estate if you the executor or personal representative, check out our other blogs on the topic:

DO I NEED TO PROBATE MY ESTATE?

A REAL-LIFE HORROR STORY – HE DIED WITHOUT A WILL

WHO GETS IT WHEN YOUR GONE? DEALING WITH YOUR HOME IN NOVA SCOTIA WHEN YOU PASS AWAY

WILL THE PUBLIC TRUSTEE IN NOVA SCOTIA HELP ME PROBATE AN ESTATE?

HOW DO I KNOW IF A NOVA SCOTIA ESTATE REQUIRES PROBATE?

WHAT HAPPENS TO MY HOUSE IF I DIE WITHOUT A WILL IN NOVA SCOTIA?

WHAT IS PROBATE IN NOVA SCOTIA?

HOW DO I CALCULATE THE VALUE OF AN ESTATE IN NOVA SCOTIA FOR PROBATE?

By: Dianna M. Rievaj, Founding Lawyer

Have Questions For Us?:

If you have any questions about Administering an Estate or the Probate process, you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Issue Review Consult for $250+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain us.

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers