05/27/2026
STRUCTURE YOUR WILL CAREFULLY:
In NS, the Probate fee is nearly 1.7% of the FairMarket Value (FMV) of anything it touches!
A will does not keep assets out of probate by itself; it mainly tells the executor how to distribute the assets in your estate. To reduce or avoid probate, you usually need to arrange assets so they pass outside the estate, such as beneficiary designations, (your Will states, give this to Joe, this to Sue, etc) joint ownership with survivorship, or a properly funded trust.
Main ways to avoid probate
Name beneficiaries directly on registered accounts and insurance, such as RRSPs, RRIFs, TFSAs, and life insurance, so those proceeds pass outside the estate.
Hold property in joint tenancy with right of survivorship, so the survivor automatically receives the asset.
Use a trust and actually transfer assets into it; an unfunded trust will not help.
In some places, multiple wills can reduce probate on certain assets, but this is very jurisdiction-specific and needs careful drafting.
Important cautions
Probate-avoidance strategies can create tax, creditor, or family-dispute risks, if they are done too casually. Changing ownership or adding joint owners can also have legal consequences, so it is worth getting estate advice before retitling major assets.
What to do next
The usual planning order is: list your assets, identify which ones would normally need probate, then decide which assets should use beneficiary designations, joint ownership, or a trust. If your goal is to keep a specific asset out of probate, the best method depends on the asset type and your province.
