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.
How to Apply for Probate in Prince Edward Island
Apply for probate in Prince Edward Island: the Form 65A petition, the inventory, the 30-day citation rule, and filing at the Estates Section in Charlottetown.
Applies in: Prince Edward Island
The short answer
File a Form 65A petition, verified by affidavit, with the registrar of the Estates Section in Charlottetown. Probate in Prince Edward Island 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 Prince Edward Island, Estates Section, and if the court is satisfied the registrar signs the grant of probate and issues it under the seal of the Estates Section. This guide covers process only. It is not legal advice, and it gives no advice about whether a particular estate needs a grant.
The process is governed by the Probate Act, R.S.P.E.I. 1988, Cap. P-21 and by Rule 65 of the Rules of Civil Procedure, Estates of Deceased Persons. The forms are published by the courts of Prince Edward Island, and you should use the latest version of each form.
When a grant is needed, and when it is not
This guide states no rule about when probate is or is not needed in Prince Edward Island, because no such rule was verified on an opened official page. Rule 65 sets out how to apply, not when a grant is required, and no official Prince Edward Island government or court guide stating when probate is needed was found on an opened page. If you are not sure whether a grant is needed, get legal advice before you decide — a bank or land registry holding an asset in the deceased's name alone is the usual reason a grant is asked for, but that is a practical observation, not a rule from an official Prince Edward Island page.
Step 1: Prepare the petition
All applications for Letters Probate or Letters of Administration are made by petition. For probate, the petition is Form 65A, Petition for Probate. Every petition must set out the date of death, the marital status of the deceased at death, whether any marriage was dissolved or annulled, and the name, age, and address of every child of the deceased.
All petitions, inventories, and accounts must be verified by affidavit. The registrar is not permitted to draw up petitions or inventories — the applicant must furnish them. Forms 65A to 65AAA are the forms used for the purposes of Rule 65.
Step 2: Prepare the inventory
The inventory of the estate may be in Form 65E, as required by section 48 of the Probate Act. A separate inventory form, Form 65AAA, is used for the passing of accounts.
Gather the original will and the documents that prove what the estate holds before you file. Make copies of everything for your own records before you file.
Step 3: Cite anyone with a prior right, if that step applies
Two 30-day citation rules in Rule 65 matter at this stage:
- On intestacy. Where letters of administration have not issued, a person interested must, before applying for a grant, cite those having a prior right to accept or refuse administration. No such citation issues until after the expiration of 30 days from the date of death of the intestate.
- Citation to accept probate. A citation calling on an executor to accept probate cannot issue until after the lapse of 30 days from the testator's death.
A motion for directions must be served on all persons appearing to have a financial interest in the estate at least 10 days before the hearing.
If someone wishes to oppose the grant, the caveat forms under the Probate Act are Form 65EE (section 39), Form 65CC (section 40), and Form 65DDD (any person claiming an interest in an estate). The registrar gives notice of an application to a caveator in Form 65HH.
Step 4: File with the registrar of the Estates Section
Unless a judge directs otherwise, all documents filed in court are filed with the registrar. File at the Estates Section, Supreme Court of Prince Edward Island, Sir Louis Henry Davies Law Courts, 42 Water Street, P.O. Box 2000, Charlottetown, PE C1A 7N8. The Estates Section Deputy Registrar is Beverly MacNeill, 902-368-6004.
No probate fee is stated in this guide, because no fee figure was verified on an opened official page. Confirm the current fee with the Estates Section before you file.
Step 5: Receive the grant
If the court is satisfied with the application, the registrar signs the grant of probate and issues it under the seal of the Estates Section. The grant document itself is Form 65U, 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. Applications for Letters of Administration are made by petition in Form 65C. On intestacy, a person interested must first cite those with a prior right to accept or refuse administration, and no citation issues until 30 days after the death.
If a will exists but the executor named in it cannot act, the application is for administration with will annexed, by petition in Form 65B. Administration of goods unadministered, with a will annexed or on intestacy, has no prescribed form, and the other forms may be varied.
A creditor who must proceed against the estate can be given a Notice to Proceed in Form 65DD, and must proceed within 3 months or be barred, as provided in the Probate Act. A petition to propound a will by proof in solemn form is Form 65BBB, and a citation for proof in solemn form is Form 65FF.
If probate was already granted elsewhere: resealing and ancillary grants
If probate or administration was already granted somewhere else and the deceased held property in Prince Edward Island, you do not start a fresh Prince Edward Island application. There are two routes, depending on where the first grant came from.
Resealing (Probate Act, section 44; Rule 65.16). On an application to reseal a grant, file the original grant with an exemplification or other verified copy of it, a petition setting out the relevant facts and asking that the original grant be sealed with the seal of the Estates Section, an inventory of the deceased's property, a statement of the names, ages and relationship to the deceased of the beneficiaries of the property passing on death, and the certificate required by section 44(3) of the Probate Act. Where there is real estate in Prince Edward Island, it must be shown that the will was executed in a manner and form sufficient to pass real estate in Prince Edward Island. Once the application is perfected, the presiding judge makes an order for the sealing of the original grant with the seal of the Estates Section.
Ancillary grants (Rules 65.17–65.18). Where probate or administration was granted by a court in a foreign country in which the deceased was domiciled, and there is real or personal property of the deceased within the province, ancillary letters probate or ancillary letters of administration issue on application and on payment of the prescribed fees.
What the opened pages do not state
No probate fee is stated in this guide, because no fee figure was verified on an opened official page. No rule about when probate is or is not needed, and no small-estate exemption, is stated, because none was verified on an opened official page. No notice-to-beneficiaries form or beneficiary-notice deadline is stated, because none was verified on an opened official page. No creditor-claim period is stated, because the length of the period under section 47 of the Probate Act is not stated in Rule 65 and was not verified on an opened official page. No processing time from filing to grant is stated. No intestacy priority order, administrator residency rule, or bond requirement is stated, because none was verified on an opened official page. Confirm the fee, timelines, and any notice requirements with the Estates Section before you plan around them.
Related guides:
- How to Write a Will in Prince Edward Island — writing a will under Prince Edward Island 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 Prince Edward Island, in five steps
- Prepare the petitionComplete Form 65A, Petition for Probate, with the date of death, marital status, and the name, age, and address of every child
- Prepare the inventoryList the estate in Form 65E, and have the petition, inventory, and accounts verified by affidavit
- Cite anyone with a prior right, if neededOn intestacy, cite those with a prior right to administer; no citation issues until 30 days after the death
- File with the registrar of the Estates SectionFile at the Estates Section, Supreme Court of Prince Edward Island, 42 Water Street, Charlottetown
- Receive the grantThe registrar signs the grant of probate and issues it under the seal of the Estates Section
Questions people ask
What is probate in Prince Edward Island?
Probate is the Supreme Court of Prince Edward Island 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 process is governed by the Probate Act and by Rule 65 of the Rules of Civil Procedure, Estates of Deceased Persons.
Which court handles probate in Prince Edward Island?
The Supreme Court of Prince Edward Island, Estates Section. All grants of probate, administration, or guardianship are signed by the registrar and issued under the seal of the Estates Section. All documents filed in court are filed with the registrar unless a judge directs otherwise. The Estates Section is at the Sir Louis Henry Davies Law Courts, 42 Water Street, P.O. Box 2000, Charlottetown, PE C1A 7N8.
Which forms do I need for a typical probate application in Prince Edward Island?
Applications for Letters Probate are made by petition in Form 65A. The petition must set out the date of death, the marital status of the deceased at death, whether any marriage was dissolved or annulled, and the name, age, and address of every child of the deceased. The inventory of the estate may be in Form 65E, as required by section 48 of the Probate Act. All petitions, inventories, and accounts must be verified by affidavit.
Do I have to prepare the petition myself?
Yes, in practical terms. The registrar is not permitted to draw up petitions or inventories, so the applicant must furnish them. Forms 65A to 65AAA are the forms used for the purposes of Rule 65. If you are not sure how to complete a form, get legal advice rather than filing a form you do not understand.
What is the 30-day rule in a Prince Edward Island probate application?
Two 30-day rules appear in Rule 65. On intestacy, where letters of administration have not issued, a person interested must cite those having a prior right to accept or refuse administration before applying for a grant, and no such citation issues until after 30 days from the date of death. A citation calling on an executor to accept probate also cannot issue until after 30 days from the testator's death. A motion for directions must be served on all persons with a financial interest in the estate at least 10 days before the hearing.
What if there is no will?
Then the process is called administration, not probate. Applications for Letters of Administration are made by petition in Form 65C. On intestacy, a person interested must first cite those with a prior right to accept or refuse administration, and no citation issues until 30 days after the death. Administration of goods unadministered, with a will annexed or on intestacy, has no prescribed form and the other forms may be varied.
Sources
- Supreme Court of Prince Edward Island, Rule 65 — Estates of Deceased Persons — Forms 65A, 65B, 65C, 65E, 65AAA, 65EE, 65CC, 65DDD, 65BBB, 65CCC, 65HH, 65II, and 65FF; the petition contents in Rule 65.11; affidavit verification in Rule 65.15; the registrar's role in Rules 65.03 and 65.07; the 30-day citation rules in Rules 65.21 and 65.24; the 10-day motion notice in Rule 65.30; and the resealing practice in Rule 65.16 and ancillary grants in Rules 65.17–65.18.
- Supreme Court of Prince Edward Island, Form 65U — Letters Probate — the grant document, issued by the Supreme Court of Prince Edward Island (Estates Section).
- Supreme Court of Prince Edward Island, Form 65DD — Notice to Proceed — a creditor must proceed within 3 months or be barred, as provided in the Probate Act.
- Courts of Prince Edward Island, Staff of the Supreme Court — the Estates Section address at 42 Water Street, Charlottetown, and the Estates Section Deputy Registrar.