How to Apply for Probate in Yukon
Probate in Yukon: when the Supreme Court of Yukon requires a grant, the Rule 64 forms, notice to interested persons, the 14-day wait, and the filing fee.
How to Apply for Probate in Newfoundland and Labrador
Apply for probate in Newfoundland and Labrador: the 5-day notice posting, the Form 56.05A application, the $60 probate fee, and filing at the Supreme Court registry.
Applies in: Newfoundland and Labrador
The short answer
Post the notice first, wait 5 days, then file Form 56.05A with the original will at the Supreme Court registry. Probate in Newfoundland and Labrador 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 Supreme Court of Newfoundland and Labrador, 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 Judicature Act, R.S.N. 1990, c. J-4 and by Rule 56 of the Rules of the Supreme Court, 1986. The forms are published under Rule 56, and you should use the latest version of each form.
When a grant is needed, and when it is not
Not every estate needs probate. The type of assets in the estate usually determines whether an estate should be probated or administered, and not the value of the estate. If there are property transactions or access to financial institutions of the deceased, the estate normally has to be probated or administered.
A grant of probate acts as a guarantee that the will is valid and that the executor has the rights and bears the responsibilities of distributing the estate. An executor who acts without a grant may be liable if the will acted on is later proved to be invalid. If you are not sure whether a grant is needed, the court's own guidance is to consider consulting a lawyer to determine whether probate or administration is necessary.
Step 1: Post the Notice of Application and wait 5 days
Before you can file for Letters Probate, you must post a Notice of Application, Form 56.04A, in the registry of the Supreme Court. The notice is posted by placing it in alphabetical order in a publicly accessible folder, entering it in an electronic database, and recording it chronologically in a public document register.
Your notice of application has to be posted for 5 days before you can file a petition for letters. The notice lapses and is of no further force or effect 6 months from the date of its posting in the registry unless, within that time, an application for Letters Probate or administration is filed in the registry, or a caveat opposing the application is entered in the registry.
A caveat is filed by a person who wishes to oppose the grant or be heard before a grant is made. Once a caveat is filed, a grant cannot issue without that person being notified and given an opportunity to be heard. Where a caveat is entered, the applicant must within one year from entry commence a proceeding to expunge the caveat or, where probate is sought, to prove the will in solemn form.
Step 2: Prepare the application
Every application for a grant must be in Form 56.05A, signed by the applicant or the applicant's solicitor, and filed with the court. The application must be accompanied by an affidavit verifying the facts, and the will must be annexed to the application.
The application must set out the name and address of every person entitled to share in the estate of the deceased, so far as they are known to the applicant. Where applicable, it must also name the people entitled to a grant in priority to, or equally with, the applicant, and state that those people have renounced or consented. The court may direct that notice be given, or consents obtained, from people who have not renounced or consented.
Step 3: Prove the will and value the estate
Two supporting documents go with the application:
- Form 56.10A — Inventory and valuation of assets at the date of death.
- Form 56.11A — Proof of will, an affidavit by one attesting witness. If the will is a holograph will, proof of execution is by Form 56.11B instead. If the will is not in English, an affidavit proving the translation is Form 56.12A.
The original copy of the will must be provided to the Supreme Court. Make copies of everything for your own records before you file.
Step 4: File at the Supreme Court registry and pay the fee
File the completed application in the registry of the Supreme Court of Newfoundland and Labrador. The Supreme Court also operates a probate, administration, and guardianship e-filing system, which is the same system that publishes the court's probate FAQ.
The fee for Letters of Probate, Administration or Resealing is $60 where the estate does not exceed $1,000, plus $0.60 for each additional $100 above $1,000. Worked example, from that fee table: for a $101,000 estate, the fee is $60 plus $0.60 for each of the 1,000 additional $100 amounts above $1,000, which is $600, for a total of $660. Letters of Administration, DBN and Letters of Administration, CTA DBN each cost $50, and orders cost $60.
Step 5: Receive the grant
If the court is satisfied with the application, it issues Letters Probate. 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 court-certified copies of the grant when it issues. Banks and land registries commonly ask for a certified copy rather than a plain copy.
If there is no will
If there is no will, the process is called administration. You file a petition for Letters of Administration, and the court appoints an administrator to take control of the deceased's property and distribute it according to law. Where there is no will, the estate is distributed under the Intestate Succession Act.
Priority for a grant of administration on a whole intestacy starts with the spouse, then children, then grandchildren and other issue, then father and mother, then brothers and sisters, then grandparents, then uncles and aunts, then creditors, then the Crown, subject to a judge's discretion.
There are also grants for situations where a will exists but no executor can act: Letters of Administration, C.T.A., where a will exists but there is no executor, or the executor is unable or unwilling to act; and Letters of Administration, D.B.N., where an administrator dies or becomes incapable before administration is complete. If no person wishes to become administrator, a petition may ask that the Public Trustee be appointed as administrator.
An administration bond is usually required. The bond is held by the court, with the administrator and two sureties, and the sureties must own property worth at least half the bond amount. Dispensing with a bond is rare and requires an affidavit that there are no debts or that adequate provision has been made for them.
If probate was already granted elsewhere: resealing the foreign grant
If probate or administration was already granted in another jurisdiction and the deceased held property in Newfoundland and Labrador, you do not start a fresh application for a grant. You apply to have the foreign grant resealed under Part VI of the Judicature Act, so the grant has effect in Newfoundland and Labrador. The same charge applies as for a fresh grant: $60 where the value of the estate does not exceed $1,000, plus $0.60 for each additional $100 of estate value (Services Charges Act, section 4). Confirm the application form with the Supreme Court registry before you file, because no resealing form number was verified on an opened official page.
What the opened pages do not state
No small-estate dollar threshold or exemption from probate is stated in this guide, because none was verified on an opened official page. No separate notice-to-beneficiaries form or beneficiary-notice deadline is stated, because none was verified on an opened official page. No processing time from filing to grant is stated: the court's FAQ says only that each probate or administration case is unique. No registry location or street address is stated, because no specific registry location was verified on an opened official page. Confirm the registry to file in, current timelines, and any copy fees with the Supreme Court registry before you plan around them.
Related guides:
- How to Write a Will in Newfoundland and Labrador — writing a will under Newfoundland and Labrador law, so the probate steps above have a will to work from.
- How to Make a Will in Canada — the general Canadian will-making process, with the documents and witnesses a valid will needs.
- How to Start Making a Power of Attorney in Canada — appointing someone to act for you while you are alive, which a will does not cover.
- How to Order a Death Certificate in Canada — ordering the death certificate you will need when you start an estate application.
- How to Become a Funeral Director in Canada — the regulated profession that handles funeral arrangements in Canada.
Applying for probate in Newfoundland and Labrador, in five steps
- Post the Notice of ApplicationFile Form 56.04A at the Supreme Court registry, where it is posted for 5 days before you can file
- Prepare the applicationComplete Form 56.05A, list everyone entitled to share in the estate, and gather renouncements or consents
- Prove the willAttach the original will and an affidavit from an attesting witness, Form 56.11A, plus an inventory, Form 56.10A
- File at the Supreme Court registry and pay the feeFile the application in the registry; the fee is $60 plus $0.60 for each additional $100 of estate value above $1,000
- Receive the grantThe court issues Letters Probate, which confirm the executor's authority to deal with the estate
Questions people ask
What is probate in Newfoundland and Labrador?
Probate is the Supreme Court of Newfoundland and Labrador 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 procedure is governed by the Judicature Act and by Rule 56 of the Rules of the Supreme Court, 1986.
Do I always need probate in Newfoundland and Labrador?
Not necessarily. The type of assets in the estate usually determines whether an estate should be probated, not the value of the estate. If there are property transactions or access to financial institutions of the deceased, the estate normally has to be probated or administered. An executor who acts without a grant may be liable if the will is later proved invalid, so consider getting legal advice before deciding whether a grant is needed.
What is the Notice of Application, and how long must it be posted?
Before you can file for Letters Probate, you must post a Notice of Application, Form 56.04A, in the registry of the Supreme Court. It has to be posted for 5 days before you can file a petition for letters. The notice lapses and has no further effect 6 months from the date of its posting unless an application for letters is filed or a caveat opposing the application is entered within that time.
Which forms do I need for a typical probate application in Newfoundland and Labrador?
Every application for a grant is made in Form 56.05A, signed by the applicant or the applicant's solicitor and filed with the court. You also need an inventory and valuation of assets at the date of death in Form 56.10A, and proof of the will by affidavit of one attesting witness in Form 56.11A. The application must set out the name and address of every person entitled to share in the estate, so far as they are known to you, and state that those with a prior or equal right to a grant have renounced or consented. The original will must be provided to the Supreme Court.
How much does probate cost in Newfoundland and Labrador?
The fee for Letters of Probate, Administration or Resealing is $60 where the estate does not exceed $1,000, plus $0.60 for each additional $100 above $1,000. For example, an estate worth $101,000 would cost $60 plus $0.60 for each of the 1,000 additional $100 amounts above $1,000, which is $600, for a total of $660. Letters of Administration, DBN and Letters of Administration, CTA DBN each cost $50, and orders cost $60.
What if there is no will?
Then the process is called administration, not probate. You file a petition for Letters of Administration, and the court appoints an administrator to take control of the deceased's property and distribute it according to law. Where there is no will, the estate is distributed under the Intestate Succession Act. Priority for a grant of administration on a whole intestacy starts with the spouse, then children, then other relatives in the order Rule 56.02 sets out. An administration bond is usually required, held by the court with the administrator and two sureties.
Sources
- Supreme Court of Newfoundland and Labrador, Probate, Administration, and Guardianship — Frequently Asked Questions — the Judicature Act and Rule 56 as the governing law, when probate is needed, the 5-day posting and 6-month lapse, the caveat rule, the fee table, the no-will and administration rules, the bond rule, and the Public Trustee option.
- House of Assembly of Newfoundland and Labrador, Rules of the Supreme Court, 1986 — Rule 56, Probate, Administration, and Guardianship Rules — Forms 56.04A, 56.04B, 56.04AA, 56.04AB, 56.05A, 56.10A, 56.11A, 56.11B, 56.12A, and 56.21A to 56.21C; the application contents in Rule 56.06; the administration priority order in Rule 56.02; and the one-year caveat rule in Rule 56.04A(3).
- Supreme Court of Newfoundland and Labrador, Civil Proceedings — Rules, Practice Notes and Forms — probate and administration proceedings are heard in the General Division of the Supreme Court.
- Newfoundland and Labrador, Services Charges Act, SNL 1998, c. S-13.2, s. 4 — the charge on a grant of letters of probate or administration or the resealing of a foreign grant under Part VI of the Judicature Act: $60 where the estate does not exceed $1,000, plus $0.60 for each additional $100.