Ask A Lawyer – “New Brunswick Probate Fees Have Increased – Can You Avoid Probate?”

Question: I have heard that probate fees in New Brunswick have increased significantly. Is there anything I can do to reduce or avoid probate fees when I die?

Answer: Yes, but doing so requires careful estate planning.

As of June 12, 2026, New Brunswick significantly changed its probate fee schedule.

Formerly, estates valued at over $20,000 were subject to a flat 0.5% fee per each $1,000 of assets of the estate. This meant that for a $1,000,000 estate, probate fees payable under the old fee schedule would be $5,000

Under the new structure, estates valued at $20,000 or less are subject to a flat-rate $200 fee. For estates between $20,000 and $100,000, the fee is $200 plus $5 for each $1,000 in assets over $20,000. For estates over $100,000, the fee is $600 plus $15 for each $1,000 in assets over $100,000.

Using the example of a $1,000,000 estate above, the same estate would now pay $14,100 in probate fees under the new rates, nearly a three-fold increase.

This means that reviewing your estate plan is now more important than ever.

What strategies can help?

Depending on your circumstances, there are several ways to reduce the assets that require probate:

1. Joint ownership
Certain assets held jointly with a spouse or other person may pass directly to the surviving joint owner rather than through the estate, thereby not being subject to probate. However, joint ownership can have significant legal, tax and family consequences, so it should not be used simply to avoid probate without proper advice.

2. Beneficiary designations
Life insurance policies, registered accounts and certain other investments can pass directly to a named beneficiary. These assets may therefore avoid forming part of the estate that is subject to probate. However, there may be other tax implications as a result of this, so it should be assessed on a case-by-case basis to determine if it is suitable for your situation.

3. Review how your accounts and investments are registered
The way an asset is owned can make a significant difference after death (i.e., personally, through a corporation, jointly, etc.). A review of your bank accounts, investments, real estate and insurance policies can identify assets that may unnecessarily be flowing through the estate.

4. Consider lifetime gifting carefully
Giving assets away during your lifetime can reduce the size of your estate, but it can also create tax consequences, loss-of-control issues and potential family disputes, along with the risk of running out of assets prior to your death. A gift is not automatically an appropriate estate-planning strategy.

Keep your estate plan coordinated
Your will, beneficiary designations and ownership arrangements should work together. Changing one without reviewing the others can produce unintended results. Importantly, avoiding probate is not always the same as having a better estate plan. Probate may be necessary and unavoidable in some circumstances.

The right question is not simply “How do I avoid probate?” but rather “Which assets should pass through my estate, and which should pass outside it?”

Now is a good time to have your will, asset ownership and beneficiary designations reviewed together. The cost of proper planning may be modest compared with the potential probate tax and the cost of potential litigation after death.

This article provides general information only and is not legal advice. Estate-planning strategies can have tax, family-law and other consequences. Obtain advice based on your specific circumstances before transferring ownership of assets or changing beneficiary designations.