Probate isn’t always necessary, and in Manitoba, there are steps you can take to avoid it.
Planning your estate can feel overwhelming, but taking action now can make a difference for your loved ones. With the right planning, you can help them avoid unnecessary expenses, delays, and stress during an already emotional time.
In Manitoba, avoiding probate is often more straightforward than it seems, and it doesn’t have to be expensive. Manitoba removed probate fees in November 2020, but it’s important to know the court may still charge application and processing fees depending on the details of the estate.
Let’s walk through how it works.
What is probate?
Probate is the legal process that confirms a will is valid and gives the chosen executor the official go-ahead to carry out the person’s wishes. In Manitoba, as in other provinces, probate makes the executor’s role official so they can manage the estate and distribute assets.
In Manitoba, probate is handled through the Probate Court at the Court of King’s Bench. The court gets involved mostly when the estate includes things like solely owned property, bank accounts, real estate, or investments.
How does probate work in Manitoba?
To start the process, probate forms must be filed in person at the Probate Registry, which is part of the Manitoba Court of King’s Bench. Since November 2020, Manitoba has eliminated probate fees, but other fees may still apply depending on the estate and services required.
You can see a full list of applicable court fees.
Once the forms are submitted and any necessary fees are paid, the Probate Registry will review the application. If approved, the court will issue a Grant of Probate. This official document allows the executor to step in and manage the estate based on the will.
Probate timelines in Manitoba can vary. It may take as little as a few days or up to six weeks for the court to approve and issue the grant of probate, depending on the court’s caseload. If there’s a surge in applications, delays can happen, so it’s a good idea to stay in touch with the Probate Registry while you wait.
Common costs and delays for probate in Manitoba
- Filing and administrative fees that apply to probate orders
- Delays due to court backlogs or high filing volumes
- Statutory holidays and limited staffing can slow down processing times
- Mistakes or missing information in paperwork, which often lead to setbacks
Why avoid probate in Manitoba?
Avoiding probate isn’t about skipping an important legal step; it’s about easing the process for your loved ones. Probate exists for good reason. It confirms the legitimacy of a will and protects everyone involved. But with thoughtful estate planning, you can often bypass it entirely.
In Manitoba, taking the right steps ahead of time can help your family avoid the paperwork, delays, and costs that often come with probate. It’s one of the most impactful ways to bring peace of mind to the people you care about most.
Benefits of avoiding probate
- Gives your family peace of mind when they need it most
- Helps avoid legal fees associated with applying for a probate order
- Reduces the time it takes to distribute your assets
- Keeps your personal and financial matters private (parts of the probate order can become public through the court)
Looking for a quick way to start planning? Create your legal will today with Willful.
5 ways to avoid probate in Manitoba
If you live in Manitoba, the good news is that there are several ways to help your estate avoid probate. These options aren’t difficult to set up, and they can go a long way in making things easier for your loved ones down the road. Here are five practical strategies to consider in 2025.
1. Joint ownership of assets
One of the most common ways to avoid probate in Manitoba is through joint ownership with the right of survivorship. This means that if one owner passes away, the surviving owner automatically inherits the jointly held asset—no probate needed.
Joint ownership is often used for things like real estate, vehicles, bank accounts, and investment accounts. These assets are typically co-owned with a spouse, common-law partner, parent, or dependent.
It’s important to document joint ownership clearly. Land titles, financial statements, and bank agreements can all serve as proof. Just keep in mind that joint ownership can have tax consequences, and it can be challenged in court if it goes against the will or seems like a way to get around a fair distribution of the estate.
As with any estate planning strategy, it’s a good idea to keep your beneficiaries informed and understand any potential impacts on estate taxes.
2. Naming beneficiaries on accounts
Naming a beneficiary is one of the simplest and most cost-effective ways to avoid probate in Manitoba. It’s easy to do, and it doesn’t cost anything to set up—or to your loved ones when the time comes.
In Canada, most financial institutions let you name a beneficiary on registered accounts. This means your assets can be transferred directly to your chosen person without going through probate or involving the courts.
Which accounts allow this? You can name a beneficiary on most registered investments, including RRSPs and TFSAs, as well as life insurance policies and many employer pension plans. It’s a small step that can save your family time, money, and legal headaches later on.
The key is to keep your beneficiary designations up to date. Life changes quickly, and it’s easy to forget about the details. Here’s how to stay on top of it:
Tips for keeping beneficiaries up to date
- Set a yearly reminder to review and update the beneficiaries on your accounts
- Always use each person’s full legal name to avoid delays or confusion
- Revisit your designations after major life events like a separation, divorce, or the death of a loved one
3. Creating a trust
Another way to avoid probate in Manitoba is by setting up a trust. A trust is a legal arrangement where assets are managed by someone you choose (a trustee) for the benefit of others, called beneficiaries.
While it might sound similar to a power of attorney, there’s a key difference: a trustee manages assets held in a trust, while a power of attorney makes personal or financial decisions if you become unable to do so.
There are two main types of trusts in Canada. Both allow the assets placed in the trust to bypass probate:
- Revocable living trust: You can change or cancel this trust during your lifetime. It offers flexibility if your plans change down the road
- Irrevocable trust: This type is permanent once set up but can offer stronger protection from creditors or legal issues like lawsuits
Trusts can be especially helpful if you’re planning for young children, family members who need extra support, or complex situations like blended families. They allow you to pass on your assets in a structured way while avoiding delays, fees, and court involvement.
Curious about trusts? Willful doesn’t support most types of trusts, but we’ve got you covered with a helpful estate planning resource made just for Manitobans.
4. Gifts as an alternative to bequests
Here’s something many people don’t realize: you don’t have to wait until after you’re gone to start passing on your assets. You can reduce the value of your estate and avoid probate on those assets by giving gifts during your lifetime.
Whether it’s handing over the keys to a vehicle, transferring ownership of property, gifting investments, or donating to charity, any assets you give away while you’re alive won’t go through probate. It’s a thoughtful way to support your loved ones or causes you care about, without adding extra paperwork down the line.
Just a heads-up: some gifts can have tax implications. For example, transferring an asset with capital gains may trigger a tax event. And like any legal step, documentation matters. Be sure to keep records and provide the right paperwork with your gift, especially if you’re giving to minors. While rare, some gifts can be contested after death, so it’s wise to make sure everything is clearly documented.
5. Small estates and simplified probate
This last strategy doesn’t avoid probate entirely, but it can make the process much easier. If the total value of your estate is $10,000 or less, it may qualify for Manitoba’s simplified probate process.
To use this option, the estate must meet two conditions:
- Its value must be below the $10,000 threshold
- There must be clear ownership of all assets and no disputes among heirs or beneficiaries
Even with simplified probate, you’ll still need to submit documents at the Probate Registry and pay any applicable fees. That includes things like a valid will, a death certificate, and any other forms required by the court.
For families navigating the estate of a loved one, this process can offer a more manageable path, especially when there’s no conflict and everything is in order.
Common mistakes when trying to avoid probate
Avoiding probate in Manitoba starts with smart planning, but even with the best intentions, small missteps can create delays or complications. Here are some of the most common mistakes people make when trying to bypass the probate process:
- Not having the proper documentation in place
- Letting beneficiary designations become outdated or inaccurate
- Forgetting to update your will after major life events
- Overlooking tax implications tied to gifts or estate transfers
- Gifting assets without understanding how they might affect taxes or beneficiaries
- Not communicating your estate plan with your family or chosen executor
How to avoid these mistakes
- Review your beneficiary designations every year, or anytime a major life event occurs
- Keep documents up to date, and make sure key people—like your executor—have copies
- Talk to your family about your estate plan so there are no surprises
- Reach out to a legal or financial professional if you’re unsure about the details
The role of wills in avoiding probate delays
No matter which strategies you use to avoid probate, one thing matters most: having a well-prepared will.
Even if your estate avoids probate, a valid and up-to-date will helps reduce confusion, avoid legal disputes, and give your loved ones peace of mind. It ensures your estate is managed the way you intended, and helps your executor carry out your wishes smoothly and confidently.
A will is the foundation of any strong estate plan, and in Manitoba, it’s your clearest path to a stress-free transition for the people you care about.
FAQs
Recommended reading
- What is Probate?
- Legal Fees for Settling an Estate in Manitoba
- Estate Planning and Taxes: What You Need to Know
- Power of Attorney in Manitoba
- How to Make a Will in Manitoba
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