How to Apply for Probate in Alberta
Apply for probate in Alberta: when a grant of probate is needed, the Surrogate Digital Service and GA forms, notice to beneficiaries, the grant fee, and filing at the Court of King's Bench.
How to Apply for Probate in Nunavut
Probate in Nunavut: the Nunavut Court of Justice route, the Probate and Administration Rules, the Civil Registry in Iqaluit, and the 2021 fee schedule.
Applies in: Nunavut
The short answer
In Nunavut, probate means applying to the Nunavut Court of Justice, through its Civil Registry in Iqaluit. The Civil Registry handles all court matters that are not dealt with in Criminal Court, including probate. Procedures are set out by the Nunavut Rules of Court and Practice Directives, with special rules for different types of matters, including probate.
This guide is process only. It states the steps the Nunavut court and legislation pages set out. It gives no legal advice, and it does not advise you on whether you should apply, who should be executor or administrator, or how an estate should be divided. Court staff cannot provide legal advice. If the estate is contested, or if a caveat or a judge's decision is involved, speak to a lawyer.
The court and the registry
File at the Civil Registry in the Nunavut Justice Centre, Building 510, PO Box 297, Iqaluit, Nunavut X0A 0H0. The telephone number is 867-975-6102, toll free 1-866-286-0546, and the fax is 1-867-975-6550. The registry page lists filing hours of 9:30 am to 12 noon and 1:00 pm to 4:00 pm.
The rules and the forms
Probate in Nunavut is governed by the Probate and Administration Rules of the Nunavut Court of Justice, registered under the Statutory Instruments Act (Canada) as SOR/79-515 and duplicated for Nunavut by section 29 of the Nunavut Act. The Nunavut Courts forms index lists a Probate and Administration Forms category under Registry and Civil.
Only one form could be verified from an opened page: Form 17, Letters of Administration with Will Annexed, which appoints an administrator to pay debts and taxes, distribute legacies and the residue, exhibit an inventory under oath, and render an account. Other form numbers appear only in search snippets of the same forms document and could not be verified from an opened page, so this guide names no others. Ask the registry for the current form for your situation.
What it costs
The Court Fees Regulations, R-042-2021, Schedule C sets the fees payable to the clerk for Probate and Administration Rules matters. The application fee for probate, administration, resealing a grant, or ancillary letters depends on the net value of Nunavut property after deducting debts and liabilities: $30 at $10,000 or less, $110 above $10,000 up to $25,000, $215 above $25,000 up to $125,000, $325 above $125,000 up to $250,000, and $425 above $250,000. A certified copy of a grant costs $15. Receiving, filing and recording a caveat costs $110. A clerk's report under rule 47 costs $55, and a document requiring the opening of a court file costs $100. A judge may waive fees in full or in part under section 13 of the regulations.
One caution: an earlier schedule, the Probate and Administration Fees Regulations, R-005-2005, lists lower amounts on the same bands ($25, $100, $200, $300 and $400, with a $10 certified copy and a $100 caveat). The 2021 regulation is later and expressly says its Schedule C fees are payable for Probate and Administration Rules matters, so this guide carries the 2021 figures. Confirm them with the Iqaluit Civil Registry before paying, because the 2021 text opened does not expressly repeal the 2005 regulation.
What the opened pages do not state
The Nunavut Courts probate page says only that the section on probate is coming soon. No when-required rule, no steps, and no timeline are stated on any opened official page. No notice-to-beneficiaries rule, no notice period, and no small-estate route are stated on an opened official page. No overall processing time is stated. The opened pages support the court, the registry, the rules, Form 17, and the 2021 fee schedule. This guide states only that much. Until the court's probate page is published, the Civil Registry is the source for the current steps.
Related guides:
- How to Apply for Probate in Yukon — Yukon's Rule 64 probate process, the other territorial comparison.
- How to Apply for Probate in the Northwest Territories — the Northwest Territories' probate process under its Estate Administration Rules.
- How to Apply for Probate in British Columbia — British Columbia's grant process, for comparison with the territorial rules.
- How to Apply for Probate in Manitoba — Manitoba's grant process, another comparison.
- How to Write a Will in Nunavut — Nunavut's own will execution and witness rules, which decide who the executor is in the first place.
- How to Order a Death Certificate in Canada — the death certificate the executor needs as proof of death.
Applying for probate in Nunavut, in five steps
- Confirm the Nunavut Court of Justice is the right courtProbate is handled by the Nunavut Court of Justice, through its Civil Registry in Iqaluit
- Use the Probate and Administration Rules formsThe Nunavut Courts forms index lists a Probate and Administration Forms category; Form 17 covers letters of administration with will annexed
- Work out the fee from the 2021 scheduleThe application fee runs from $30 to $425 depending on the net value of Nunavut property, and a judge may waive fees
- File at the Civil Registry in IqaluitFiling hours are 9:30 am to 12 noon and 1:00 pm to 4:00 pm; the registry can be reached by phone or toll free
- Ask the registry what it needs nextThe court's probate page is still marked coming soon, so the registry is the source for the current steps
Questions people ask
Which court handles probate in Nunavut?
The Nunavut Court of Justice. Its Civil Registry deals with the administration of all court matters that are not dealt with in Criminal Court, including probate. Procedures are set out by the Nunavut Rules of Court and Practice Directives, with special rules for different types of matters, including probate.
Where do I file a probate application in Nunavut?
At the Civil Registry in the Nunavut Justice Centre, Building 510, PO Box 297, Iqaluit, Nunavut X0A 0H0. The telephone number is 867-975-6102, toll free 1-866-286-0546, and the fax is 1-867-975-6550. Filing hours are 9:30 am to 12 noon and 1:00 pm to 4:00 pm, as printed on the registry page.
What rules govern a Nunavut probate application?
The Probate and Administration Rules of the Nunavut Court of Justice, registered under the Statutory Instruments Act (Canada) as SOR/79-515 and duplicated for Nunavut by section 29 of the Nunavut Act. The Nunavut Courts forms index lists a Probate and Administration Forms category under Registry and Civil.
Which probate forms exist in Nunavut?
The forms index lists a Probate and Administration Forms category, but only one form could be verified from an opened page: Form 17, Letters of Administration with Will Annexed, which appoints an administrator to pay debts and taxes, distribute legacies and the residue, exhibit an inventory under oath, and render an account. Other form numbers could not be verified from an opened page, so this guide names no others.
How much does probate cost in Nunavut?
The Court Fees Regulations, R-042-2021, Schedule C, set the fees for Probate and Administration Rules matters: $30 where the net Nunavut property is $10,000 or less, $110 where it is more than $10,000 up to $25,000, $215 where it is more than $25,000 up to $125,000, $325 where it is more than $125,000 up to $250,000, and $425 where it is more than $250,000, with value measured after deducting debts and liabilities. A certified copy of a grant is $15, receiving and filing a caveat is $110, a clerk's report under rule 47 is $55, and a document requiring the opening of a court file is $100. A judge may waive fees in full or in part. Confirm the figures with the registry before paying, because an earlier 2005 schedule lists lower amounts.
Is there a Nunavut probate guide on the court website?
Not yet. The Nunavut Courts probate page says only that the section on probate is coming soon and to check back often. It states no steps, no when-required rule, and no timeline. Until that page is published, the Civil Registry in Iqaluit is the source for the current steps.
Sources
- Nunavut Courts, Civil Registry — probate handled by the Nunavut Court of Justice through the Civil Registry, the Iqaluit address and telephone numbers, and the filing hours.
- Nunavut Courts, Probate — the probate page marked coming soon, with no steps stated.
- Nunavut Courts, All Forms — the Probate and Administration Forms category in the forms index.
- Nunavut Courts, Probate and Administration Forms — Form 17, Letters of Administration with Will Annexed.
- Nunavut Legislation, Court Fees Regulations, R-042-2021 — Schedule C, the $30 to $425 application fees by band, the $15 certified copy, the $110 caveat, the $55 clerk's report, the $100 file-opening fee, and the section 13 fee waiver.
- Nunavut Legislation, Probate and Administration Fees Regulations, R-005-2005 — the earlier $25 to $400 schedule, carried here only to flag the conflict with the 2021 figures.