Do I need probate in Yukon if there is a will?

Not always. A will names you as executor, but it does not by itself give you authority over every asset. If the estate includes sole-name real estate, or a bank asks for a grant before releasing funds, you will still need to apply. If everything passes by survivorship or beneficiary designation, or the estate is $25,000 or less, a full grant may not be needed.

How much does probate cost in Yukon?

Yukon charges a single flat court fee, not a percentage tax. No fee applies to estates of $25,000 or less. Estates worth more than $25,000 pay a flat fee of $140 for the grant. There may be small additional charges for certified copies. The court can also waive fees for a person it finds to be in financial hardship.

How long does probate take in Yukon?

It depends on the estate and the court's workload. You first need to list every asset, value the estate, and prepare the application, then the registry or a judge reviews it. The small-estate route filed with the registrar is usually quicker than a full grant. Estates that are contested, involve minor beneficiaries, or carry significant debts generally take longer.

Yukon

Do you need probate in Yukon?

Losing someone close to you is difficult, and being named to handle their estate adds a lot to carry. In Yukon, probate means applying to the Supreme Court of Yukon for a grant of probate (where there is a will) or letters of administration (where there is not). Whether you need a grant depends mostly on what the person owned, how each asset was held, and what banks or the Land Titles Office require before they will act.

Check your situation

When is probate required in Yukon?

Probate is usually required when…

The deceased solely owned real estate or a home that must be transferred or sold.
A bank or investment firm holds a sole-name account above its internal limit and asks for a grant before releasing funds.
There is no valid will, no willing executor, or competing claims among possible administrators.
There is a dispute about the will, or a third party demands proof of your authority.

Probate is usually not required when…

The estate is worth $25,000 or less and qualifies for the simplified small-estate route under section 20 of the Estate Administration Act.
Every asset was held in joint tenancy with right of survivorship and passes automatically to the surviving owner.
Assets such as life insurance, an RRSP, RRIF, TFSA, or pension had a valid named beneficiary other than the estate.
A bank chooses to release a modest sole-name account without a grant.

Simplified small-estate process

Yukon offers a simplified process for smaller estates valued at $25,000 or less . Under section 20 of the Estate Administration Act, an estate not greater than $25,000 can be administered without a court order. The proposed administrator files an affidavit with the court registrar swearing competence and that the estate value is $25,000 or less; the registrar issues letters of administration and may waive the bond. There is no court fee for estates of $25,000 or less; no distinct 'small estate' form has been confirmed (the standard estate forms are used). The main form is Affidavit for administration of a small estate (no distinct prescribed form) .

Probate fees

No court fee applies to estates of $25,000 or less. Estates over $25,000 pay a single flat fee of $140. Yukon levies no percentage-based estate tax.

Where to apply

Applications are made to the Supreme Court of Yukon. List every asset and how it was held. If the estate is $25,000 or less, you may be able to use the section 20 small-estate route by filing an affidavit with the court registrar; otherwise apply to the Supreme Court of Yukon for a grant.

Common questions about probate in Yukon

Do I need probate in Yukon if there is a will?: Not always. A will names you as executor, but it does not by itself give you authority over every asset. If the estate includes sole-name real estate, or a bank asks for a grant before releasing funds, you will still need to apply. If everything passes by survivorship or beneficiary designation, or the estate is $25,000 or less, a full grant may not be needed.
How much does probate cost in Yukon?: Yukon charges a single flat court fee, not a percentage tax. No fee applies to estates of $25,000 or less. Estates worth more than $25,000 pay a flat fee of $140 for the grant. There may be small additional charges for certified copies. The court can also waive fees for a person it finds to be in financial hardship.
Does Yukon have a simplified process for small estates?: Yes. Under section 20 of the Estate Administration Act, an estate worth $25,000 or less can be administered without a court order. The proposed administrator files an affidavit with the court registrar swearing they are competent to act and that the estate value is $25,000 or less. The registrar then issues letters of administration and may waive the bond, with no court fee.
How long does probate take in Yukon?: It depends on the estate and the court's workload. You first need to list every asset, value the estate, and prepare the application, then the registry or a judge reviews it. The small-estate route filed with the registrar is usually quicker than a full grant. Estates that are contested, involve minor beneficiaries, or carry significant debts generally take longer.

Official sources

This page is general information about probate in Yukon, not legal advice. Estate law changes and is specific to each situation — confirm yours with a lawyer licensed in Yukon.