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What Assets Skip Probate in New Brunswick?

Last updated 2026-06 · New Brunswick

Not everything you own runs through your will. In New Brunswick, several common assets pass directly to a named person and skip probate entirely — reducing both probate fees and delay.

What passes outside the will in New Brunswick

  • Registered accounts with a named beneficiary — RRSPs, RRIFs, and TFSAs go directly to the named person.
  • Life insurance with a named beneficiary — paid straight to that person, bypassing the estate.
  • Pension and group benefits with designations.
  • Joint tenancy with right of survivorship — a co-owned home or account passes automatically to the survivor.

These reach beneficiaries quickly and privately, without a grant of probate.

Why this matters in New Brunswick

New Brunswick's probate cost is about 0.5%, so each dollar that passes outside the estate is a dollar the fee doesn't touch. Even where the fee is modest, the speed and privacy of direct payouts can be the bigger win.

The traps still apply

  • Adding an adult child as joint owner can expose the asset to that child's creditors or divorce, cause loss of control, and trigger disputes over whether it was a gift or held in trust (the Pecore presumption applies).
  • Outdated designations — an ex-spouse on an old policy or RRSP generally still inherits it.
  • Designations override your will, so coordinate them with your overall plan.
  • Naming the estate as beneficiary drags the asset back into probate and may trigger tax consequences.

What to do

Review beneficiary designations after every major life event, treat joint ownership as a deliberate decision rather than a probate hack, and coordinate everything so no one inherits twice or not at all.

Frequently asked questions

Do RRSPs and TFSAs go through probate in New Brunswick? Not with a named beneficiary — they pass directly and skip the estate. Does life insurance go through probate in New Brunswick? No, when a beneficiary is named; yes, if the estate is named. Does jointly owned property avoid probate in New Brunswick? Yes by survivorship — but a joint account with an adult child may be presumed held in trust. Should I add my child to my bank account to avoid probate? Often more risk than reward — get advice first.

Not legal advice. General information about New Brunswick law as of 2026. Confirm specifics with a New Brunswick estate lawyer.

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