Grants of Probate & Letters of Administration

The Grant of Probate is a court document that officially validates a will and appoints the executor named in the will to administer the deceased’s estate. It essentially confirms the executor’s legal authority to handle the deceased’s assets and properties according to the will. Generally, if the deceased solely owns an asset for which no beneficiary is named, or the beneficiary named is the estate, then a Grant of Probate will be required before the executor may deal with the asset.

 

Letters of Administration are a court-issued grant that allows a designated individual to manage the estate of a deceased person who died without a will (intestate) or where the will’s executor is unable or unwilling to act. This person is called an administrator and is granted authority to handle the deceased’s assets, pay debts, and distribute the remaining property according to applicable laws.

Legal Fees

As of November 6, 2020, the Manitoba government has eliminated court probate fees. Legal fees for estates are set by “tariff” in Manitoba. This means legal fees are generally charged in a specific amount based on the value of the estate. The minimum for these fees is $1,500. The prescribed fees do not include applicable taxes or disbursements. In addition, they do not include certain additional services as described by the regulation. The prescribed fees for estates are as follows:

  • 3% of the first $100,000, or a portion of that amount, of the total value of the estate subject to a minimum fee of $1,500;
  • 1.25% of the next $400,000, or a portion of that amount, of the total value of the estate;
  • 1% on the next $500,000, or a portion of that amount, of the total value of the estate;
  • 0.5% on the total value of the estate over $1,000,000.

The fees are reduced to 40% of the above if the executor is a trust company, the public guardian trustee, or a lawyer acting as the executor and lawyer.

 

 

At Prairie Legal Services, we do not arbitrarily charge you maximum fees where they do not reflect the work performed. 

Our legal fees for a Grant of Probate or Letters of Administration involving an estate of average complexity range from $1,500 to $5,000 plus applicable taxes and disbursements.