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How to Apply for Probate in New Brunswick

Apply for probate in New Brunswick: the 7-day wait, the Form 2A application, the 2026 probate tax rates, and filing at the Probate Court office.

Written November 10, 2026 · 12 min read

Applies in: New Brunswick

The short answer

Wait 7 days, then file Form 2A with the original will at the probate office for the judicial district where the deceased lived. Probate in New Brunswick is the court process that confirms a will is valid and that the executor named in it has the right to carry it out. The executor applies to the Probate Court of New Brunswick, and if the court is satisfied it issues Letters Probate. This guide covers process only. It is not legal advice, and it gives no advice about whether a particular estate needs a grant.

The procedure is governed by the Probate Court Act, S.N.B. 1982, c. P-17.1 and by the Probate Rules, New Brunswick Regulation 84-9. The forms are published under the Probate Rules, and you should use the latest version of each form. The Probate Court is a court of record with the power to grant Letters Probate, to recall or revoke them, and to supervise the administration and distribution of estates. Although distinct from the Court of King's Bench, it is presided over by a judge of the Court of King's Bench, and every judge of the Court of King's Bench has jurisdiction over probate matters.

When a grant is needed, and when it is not

Not every estate needs probate. Probate is not strictly mandatory in New Brunswick, but the Probate Court recommends it, especially when the estate includes real property. A deed signed by a personal representative must be accompanied by the original will, letters probate, or letters of administration, or it will not be registered.

A grant of probate acts as proof that the will is valid and that the executor has the authority to deal with the estate: to collect assets, pay debts, and distribute what is left under the will. If you are not sure whether a grant is needed, consider consulting a lawyer before deciding.

Step 1: Wait out the statutory period and find the right probate office

No letters probate of a will, and no letters of administration with the will annexed, can be granted until 7 days have passed from the death. No letters of administration can be granted until 14 days have passed from the death. These waiting periods are set out in Rule 2.02 of the Probate Rules and on the court's general checklist for probate applications, revised in June 2026.

You present the application to the probate office in the judicial district in which the deceased was resident at the time of death, or in which property of the deceased is situated. That is section 29 of the Probate Court Act. A formal Record on Application is required only in the judicial districts of Moncton, Bathurst, and Edmundston.

Step 2: Prepare the application

Pick the application form that matches the estate:

  • Form 2A or 2B — Application for Letters Probate of a will, where there is a will naming you as executor.
  • Form 2C or 2D — Application for Letters of Administration with the will annexed, where there is a will but no executor named, or the named executor cannot or will not act.
  • Form 2E or 2F — Application for Letters of Administration, where there is no will.

The application must state the last occupation of the deceased, and it must not simply say "retired". If the executor named in the will is not the applicant, the applicant must file an affidavit giving the reasons, together with a certificate of death or incapacity as the case may be, and renunciations if necessary. Anyone with a prior or equal right to the grant who will not act must renounce in Form 2AA or 2BB, with an affidavit of execution.

Step 3: Prove the will and value the estate

Due execution of the will is proved by an affidavit of one of the subscribing witnesses in Form 2I, or Form 2J for a codicil. A holograph will is proved by an affidavit of execution in Form 2K, stating that the will, including the signature, is wholly in the handwriting of the testator. No affidavit of execution may be sworn by a witness to the will before another witness to the will. The will and every codicil submitted must be identified by the signature of the applicant on the will.

The application must include a detailed inventory, which may be a separately sworn stand-alone document or a detailed breakdown in the application as a sworn statement of the total value of the estate. You must also include a copy of the death certificate; the original is not required. If the deceased was divorced, the court requires a copy of the divorce judgment or certificate.

Step 4: File at the probate office and pay the tax

File the completed application at the probate office for the right judicial district, with the order for the judge to sign in Form 2G and the letters for the clerk to sign in Form 2H. Present the materials in an orderly way, with an index and the documents in the order listed.

The probate tax under Schedule A of the Probate Court Act, as amended effective June 12, 2026, is $200 where the estate does not exceed $20,000; $200 plus $5 for every $1,000 or part of $1,000 by which the value exceeds $20,000, where the estate is over $20,000 but not over $100,000; and $600 plus $15 for every $1,000 or part of $1,000 by which the value exceeds $100,000. The revised rates apply to applications filed on or after June 12, 2026. Worked example: for a $200,000 estate, the tax is $600 plus $15 for each of the 100 thousands above $100,000, which is $1,500, for a total of $2,100. The tax is calculated on the value of the whole estate, including real property, with the actual value of any encumbrance, such as a mortgage, deducted for real property.

All fees must be paid when the proceedings are taken, and letters are not issued until the fees are paid. Payment must accompany the documents filed, by certified cheque, money order, debit card, credit card, or cash, and cheques and money orders are payable to the Minister of Finance for the Province of New Brunswick. A grant for special or limited purposes, of double probate, or of administration de bonis non administratis carries a $50 fee, and refiling a document returned for incorrect completion costs $10.

Step 5: Receive the grant

If the court is satisfied with the application, the judge signs the order in Form 2G and the clerk issues the letters in Form 2H. The grant is the court order that confirms the executor's authority to deal with the estate: to collect assets, pay debts, and distribute what is left under the will.

Order official copies of the grant when it issues. Banks and land registries commonly ask for a certified copy rather than a plain copy, and an official copy of the whole or any part of a will, or an official certificate of the grant, may be obtained from the clerk on payment of the fee prescribed by the rules.

If there is no will

If there is no will, the process is called administration. You apply for letters of administration in Form 2E or 2F, and no grant issues until 14 days after the death. Anyone with a prior right to administer who will not act must renounce in Form 2AA or 2BB, with an affidavit of execution.

A bond is required for an application for letters of administration when the applicant resides outside New Brunswick, under section 57 of the Probate Court Act and Rule 2.09. The bond may be a bond from a trust company, or a personal bond in Form 2X or 2XX with an affidavit of execution of the bond in Form 2Y and an affidavit of justification by sureties in Form 2Z. You may also attach a request asking the judge to waive the bond, since the requirement is within the judge's discretion.

Where there is no will, the estate is distributed under the Devolution of Estates Act, R.S.N.B. 1973, c. D-9. If the deceased leaves a spouse and one child, the spouse receives the marital property and one-half of the residue. If the deceased leaves a spouse and children, the spouse receives the marital property and one-third of the residue. If the deceased leaves a spouse and no issue, the spouse inherits everything. If the deceased leaves no spouse or issue, the estate passes to the father and mother, then to brothers and sisters, then to nephews and nieces, and then to the next of kin.

Small estates: the Public Trustee route at $25,000 or less

There is a small-estate route that does not need a court appointment. Under section 20(2) of the Probate Court Act, as amended by Bill 30 (An Act Respecting the Probate Court Act and the Public Trustee Act, 2026, c. 7, assented to June 12, 2026), if the probate value of the estate does not exceed $25,000, the Public Trustee may administer the estate without being appointed by order of the court. The Public Trustee then has the same power and authority as if appointed, on satisfying the Registrar by affidavit that the Public Trustee is competent to take out administration and that the probate value does not exceed $25,000. Letters of administration are still issued to the Public Trustee. The threshold was $3,000 before this amendment.

The same Act also lets the Public Trustee release property it already holds, valued at $25,000 or less, directly to a verified executor on production of an authentic copy of the will (Public Trustee Act, section 7(1)(a.1)). This route covers estates with no one available to administer them; it is not a general exemption from probate for an executor who is already acting. Confirm with the Public Trustee whether this route fits the estate.

What the opened pages do not state

No separate notice-to-beneficiaries form or beneficiary-notice deadline is stated in this guide, because none was verified on an opened official page. No processing time from filing to grant is stated: the court's checklist says only that requirements are subject to the court's discretion. No probate office street address is stated, because no specific office location was verified on an opened official page. Confirm the probate office to file in, current timelines, and any copy fees with the probate office before you plan around them.

Related guides:

Applying for probate in New Brunswick, in five steps

  1. Wait out the statutory periodNo grant of probate issues until 7 days after the death, and no grant of administration until 14 days after the death
  2. Prepare the applicationComplete Form 2A for probate, Form 2C for administration with the will annexed, or Form 2E for administration
  3. Prove the willAttach an affidavit of execution from a subscribing witness, Form 2I, and a detailed inventory with a sworn statement of total value
  4. File at the probate office and pay the taxFile in the judicial district where the deceased lived or held property; the tax is $200 on estates up to $20,000
  5. Receive the grantThe court signs the order in Form 2G and the clerk issues the letters in Form 2H

Questions people ask

What is probate in New Brunswick?

Probate is the Probate Court of New Brunswick process that confirms a will is valid and that the executor named in it has the right to carry it out. If the court is satisfied, it issues Letters Probate, which are the court order that gives the executor legal authority to deal with the estate. The Probate Court is a court of record with the power to take the probate of wills, grant administration of estates, recall or revoke grants, and supervise the administration and distribution of estates. Although distinct from the Court of King's Bench, it is presided over by a judge of the Court of King's Bench. The procedure is governed by the Probate Court Act and by the Probate Rules, New Brunswick Regulation 84-9.

Do I always need probate in New Brunswick?

Probate is not strictly mandatory in New Brunswick, but the Probate Court recommends it, especially when the estate includes real property. A deed signed by a personal representative must be accompanied by the original will, letters probate, or letters of administration, or it will not be registered. If the estate holds only assets that pass directly to a named beneficiary, such as a jointly held account, a grant may not be needed. If you are not sure whether a grant is needed, consider getting legal advice before deciding.

How soon after the death can a grant issue in New Brunswick?

No letters probate of a will, and no letters of administration with the will annexed, can be granted until 7 days have passed from the death of the testator. No letters of administration can be granted until 14 days have passed from the death of the person who died without a will. These waiting periods come from Rule 2.02 of the Probate Rules and are set out on the court's own general checklist for probate applications, revised in June 2026.

Which forms do I need for a typical probate application in New Brunswick?

For letters probate, the application is in Form 2A or 2B. For letters of administration with the will annexed, use Form 2C or 2D. For letters of administration where there is no will, use Form 2E or 2F. Due execution of the will is proved by an affidavit of a subscribing witness in Form 2I, or Form 2J for a codicil, and a holograph will is proved by an affidavit of execution in Form 2K. The application must include a detailed inventory, or a detailed breakdown in the application as a sworn statement of the total value of the estate, plus a copy of the death certificate. The order the judge signs is Form 2G, and the letters the clerk issues are Form 2H.

How much does probate cost in New Brunswick?

The probate tax under Schedule A of the Probate Court Act, as amended effective June 12, 2026, is $200 where the estate does not exceed $20,000; $200 plus $5 for every $1,000 or part of $1,000 by which the value exceeds $20,000, where the estate is over $20,000 but not over $100,000; and $600 plus $15 for every $1,000 or part of $1,000 by which the value exceeds $100,000. For example, a $200,000 estate pays $600 plus $15 for each of the 100 thousands above $100,000, which is $1,500, for a total of $2,100. All fees must be paid when the proceedings are taken, and letters are not issued until the fees are paid. Payment must accompany the documents filed, by certified cheque, money order, debit card, credit card, or cash, and cheques and money orders are payable to the Minister of Finance for the Province of New Brunswick.

What if there is no will?

Then the process is called administration, not probate. You apply for letters of administration in Form 2E or 2F at the probate office in the judicial district where the deceased lived or where the deceased held property, and no grant issues until 14 days after the death. Anyone with a prior right to administer who will not act must renounce in Form 2AA or 2BB, with an affidavit of execution. A bond is required for an administration where the applicant lives outside New Brunswick, under section 57 of the Probate Court Act and Rule 2.09, unless the judge waives it. Where there is no will, the estate is distributed under the Devolution of Estates Act: if the deceased leaves a spouse and one child, the spouse receives the marital property and one-half of the residue; if the deceased leaves a spouse and more than one child, the spouse receives the marital property and one-third of the residue; if the deceased leaves a spouse and no issue, the spouse inherits everything.

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