Learn what property is included in probate
Question & AnswerWhat are probate fees and can I reduce them?
In general, all property that you own in your name only on the date you die has to be included when calculating probate fees.
This includes all that you own in Ontario such as land, houses, or other buildings. The value of the property is based on the fair market value on the date you die. Fair market value is the amount of money a reasonable person would pay for it.
If you own any real property as , only your share of the value is included in your . And, if you own any real property in a , its value is not included in your estate. There is more information about this in Step 4 “Learn about owning real property with another person”.
Other property that can be included when calculating probate fees are:
- cash or money in bank accounts
- investments such as registered retirement savings plans (RRSPs) or tax-free savings accounts (TFSA) that don’t have a
- personal property such as:
- cars or trucks
- all collections, for example, coin, cards, and art work
- furniture and other household items
Assets like art and jewellery are valued and included in your estate based on the fair market value on the date you die. Fair market value is the amount of money a reasonable person would pay for it.
When calculating the amount of probate fees, you can subtract the value of that are owed on a mortgage or lien on property that is in Ontario.
You can’t subtract the value of debts that are owed on a mortgage or lien on property that is outside Ontario. You also can’t subtract the following debts:
- credit card debt
- car loans
- lines of credit
- any tax that you owe