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Every province except Quebec

Estate bonds across Canada

In Canada, an estate bond is usually triggered by one of three things: an estate with no will, an executor who lives outside the province, or beneficiaries who are minors or cannot manage their own affairs. The rules differ by province. We place estate bonds in every province except Quebec.

Reviewed by Dustin SanVido, Estates Program Lead

A provincial courthouse in Canada framed by autumn maple trees

How estate bonds work in Canada

Each province sets its own rules through its estate legislation and court practice. The common triggers hold across the common-law provinces, and in most of them a bond can be dispensed with by the consent of the beneficiaries or by the court.

By province

Ontario

Intestacy and out-of-province executors are the main triggers. The Estates Act sets the administration bond at double the value of the personal estate assets under section 37.1; on a $750,000 estate in personal assets, that's a $1,500,000 bond. The court can dispense with or reduce the bond on beneficiary consent, for a sole beneficiary, where there are no debts, or under the small-estate threshold, currently up to $150,000 under Rule 74.11. Non-resident executors from Commonwealth countries are exempted by law.

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British Columbia

Under the Wills, Estates and Succession Act (WESA), a bond is required less routinely than in Ontario. B.C. does not automatically compel a bond for an out-of-province executor; it typically comes up mainly with a minor or incapacitated beneficiary without a legal representative, or when an interested party formally applies to the court for security.

Get bonded in British Columbia

Alberta

Under the Surrogate Rules and the Estate Administration Act, a resident executor generally does not post a bond. A non-resident executor usually must, unless there is a resident co-executor or the court waives it.

Get bonded in Alberta

Nova Scotia

The Provincial Probate Act sets the administration bond at one and a half times the value of the personal estate assets, a lower multiple than Ontario's.

Get bonded in Nova Scotia

Other provinces

Manitoba, Saskatchewan, and the Atlantic provinces generally set the bond at or near the value of the personal estate assets, with the court retaining discretion to adjust it. Confirm the specific rule with us on any out-of-province file, since local practice varies more than the statute alone suggests.

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Get bonded in your province

Tell us your province and the bond amount and we will place it.

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FAQ

Canadian estate bond questions

When is an estate bond required in Canada?

Usually one of three things triggers it: an estate with no will, an executor who lives outside the province, or beneficiaries who are minors or cannot manage their own affairs. The rules differ by province, and in most common-law provinces the bond can be dispensed with by the consent of the beneficiaries or by the court.

How much is an administration bond in Ontario?

The Estates Act sets it at double the value of the personal estate assets under section 37.1, so an estate with $750,000 in personal assets means a $1,500,000 bond. The court can reduce or dispense with it on beneficiary consent, for a sole beneficiary, where there are no debts, or under the small-estate threshold, currently up to $150,000 under Rule 74.11.

Do all provinces use the same multiple?

No. Ontario is double the personal estate. Nova Scotia is one and a half times under the Probate Act. Manitoba, Saskatchewan, and the Atlantic provinces generally set the bond at or near the value of the personal estate assets, with the court retaining discretion to adjust it.

Does an out-of-province executor always need a bond?

Not everywhere. Ontario exempts non-resident executors from Commonwealth countries by law. In Alberta a non-resident executor usually must post one unless there is a resident co-executor or the court waives it. British Columbia does not automatically compel a bond for an out-of-province executor under WESA.

Do you place estate bonds in Quebec?

No. Quebec follows a separate civil-law system built around the liquidator rather than the executor or administrator. We place estate bonds in every other province.

A court deadline does not have to be a crisis

Tell us the bond you were ordered to post. We get it issued and filed, so the estate can move forward.

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