How to Apply for Probate in Yukon

The short answer

In Yukon, probate means asking the Supreme Court of Yukon for a grant of probate, and Yukon law requires an executor to obtain one. Probate is the legal process of confirming that a will is valid. The grant confirms the executor as the legal representative of the estate so the executor can act on the terms of the will.

This guide is process only. It states the steps the Yukon government and court 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, a bond, or a judge's decision is involved, speak to a lawyer.

When a grant is needed

The Public Guardian and Trustee's probate guide states that Yukon law requires an executor to obtain a grant of probate. Two practical triggers follow from that:

• Real property. If the estate includes real property and the executor intends to transfer title, the Land Titles Office will require a certified copy of the grant of probate — except where the property was held jointly and the right of survivorship applies.
• Money held by others. Financial institutions and other third parties holding estate assets may not release the assets until they are provided with the grant of probate and, in some cases, the certificate of death.

If there is no will

If the deceased left no will, a relative or friend can apply to the Supreme Court of Yukon to become administrator. In rare cases the Public Guardian and Trustee may apply. Distribution must follow the law, not family agreement. The Yukon wills and estates page states this route plainly.

For an administration application, the priority to apply under section 6 of the Estate Administration Act goes to the widow or widower, one or more next of kin, or the widow or widower jointly with next of kin. A friend may also apply. The applicant needs the approval of everyone with a greater or equal right to apply.

The forms

Non-contentious grants are covered by Supreme Court Rule 64 — Administration of Estates (Non-Contentious), which applies with the Estate Administration Act, the Wills Act and the Trustee Act. The forms are:

• Probate (with a will): Requisition (Form 4), Affidavit of Executor (Form 72), Affidavit of Notice of Application (Form 73), and the grant itself (Form 115). The original will, the death certificate, and a statement of assets, liabilities and distribution are exhibits to Form 72.
• Administration (no will, or a will with no executor): Requisition (Form 4), Affidavit of Administrator (Form 74), or Affidavit of Administrator with Will Annexed (Form 75) where there is a will but no executor, Affidavit of Notice of Application (Form 73), and Letters of Administration (Form 116).

Documents must be sworn before a notary public before filing. The registry has a specific version of Form 4 for probate that is not available on the courts website, so ask the registry for it. The Yukon Courts rules and forms page lists Rule 64 and Forms 4, 72, 73, 74, 75, 115 and 116, among others.

Notice to interested persons

Under section 108 of the Estate Administration Act, notice must be sent to interested persons: named beneficiaries, the spouse, the common-law spouse, children, and any minor or person under a legal disability related to the deceased. A copy of the will must be attached to the notice. Form 73 is the sworn affidavit that identifies who received notice, how and when. Rule 64(3) requires the notice to include named contingent beneficiaries and the date of mailing or delivery.

The wait before a grant issues

Unless the court otherwise orders, no grant of probate or administration is issued until after 14 days from the date of mailing the notice, or 7 days from the date of delivery. The court does not issue the grant immediately on filing. Timing depends on how and when notice was served, and the clerk phones when the judge approves the grant or when more information is needed.

If probate or administration is applied for more than three years after the death, the reason for the delay must be set out in an affidavit.

Opposing a grant

A person who intends to oppose a grant files a caveat in Form 79. A caveat remains in force for six months unless withdrawn or renewed, and no grant is made while a caveat is in force unless the court orders otherwise. The explanatory notes to Form 73 state that it costs $70 to file a caveat with the Supreme Court of Yukon, and that you have 21 days to file a caveat.

What it costs

The Public Guardian and Trustee guide states that if the estate is worth more than $25,000, the Supreme Court charges a filing fee of $140 to obtain a grant of probate or letters of administration. There may be a fee charged for an estate estimated to be worth $25,000 or less, but the amount is not stated in the guide. There is also a fee for certified true copies, also not stated. Confirm the current fee with the registry before filing: the guide dates from 2016, and several court forms were amended in June 2026.

Administration bonds

The court can require an administrator to post a bond double the value of the estate. It may not order one if all beneficiaries and creditors agree it is not necessary. Under Rule 64, the bond is in Form 77 or 78, normally with not less than two sureties.

First Nation and Indian Act cases

If the deceased was a member of a Yukon First Nation, an affidavit must be filed on membership status and whether the First Nation has laws on inheritance, wills, intestacy or administration. If the deceased was subject to the Indian Act, consent of the Minister under section 44 must be filed.

Where to file

File at the Supreme Court of Yukon registry: The Law Courts, 2134 Second Avenue, Whitehorse, Yukon Y1A 5H6, telephone (867) 667-5937.

What the opened pages do not state

No overall processing timeline is stated on the opened Yukon pages — only the 14-day and 7-day minimum waits above. No fee amount is stated for estates of $25,000 or less, and no certified-copy fee amount is stated. No general list of cases where probate is not needed is stated, beyond the joint-tenancy survivorship exception for real property. The $140 and $70 fee figures come from a 2016 guide, so confirm them with the registry before relying on them.

Related guides:

• How to Apply for Probate in British Columbia — British Columbia's grant process, for comparison with Yukon's Rule 64 process.
• How to Apply for Probate in Alberta — Alberta's grant process through the Surrogate Digital Service.
• How to Apply for Probate in Manitoba — Manitoba's grant process, another prairie comparison.
• How to Write a Will in Yukon — Yukon's own will execution and witness rules, which decide who the executor is in the first place.
• How to Make a Will in Canada — the national wills guide.
• How to Order a Death Certificate in Canada — the death certificate the executor needs as proof of death.

The court fee schedule in full

The Supreme Court of Yukon's own fee schedule, Appendix C, Schedule 1, fills in the amounts the Public Guardian and Trustee guide leaves open. Item 11 covers every grant or ancillary grant of probate and administration, and every resealing of a grant from outside Yukon: no fee is payable to obtain the grant where the person died leaving an estate not exceeding $25,000 in value, and the fee is $140 where the estate is worth more than $25,000. Item 18 prices the certified copies an executor usually needs next: a certified copy of a document of record costs $15 for 10 pages or less, plus $3 for each additional page over 10 pages, and issuing a certificate of judgment or another certificate costs $15. Item 12 sets the fee for filing a caveat at $70, the same figure the registry gives in the notes to Form 73.

Sources

• Supreme Court of Yukon, Appendix C, Schedule 1: Fees Payable to Territorial Treasurer: item 11 on the grant fee and the $25,000 value line, item 12 on the $70 caveat fee, and item 18 on certified copy fees
• Government of Yukon, Public Guardian and Trustee — What is Probate? — the Supreme Court of Yukon, the requirement to obtain a grant, the Land Titles and bank triggers, the probate forms (4, 72, 73, 115), the notice rule, the $140 fee above $25,000, and the First Nation and Indian Act affidavit rules.
• Government of Yukon, Public Guardian and Trustee — Duties of Estate Administrator — the administration forms (74, 75, 116), the section 6 priority to apply, and the bond double the estate value.
• Government of Yukon, Learn about wills and estates — applying to become administrator where there is no will, and the Public Guardian and Trustee as a rare applicant.
• Supreme Court of Yukon, Rule 64 — Administration of Estates (Non-Contentious) — Rule 64(2) on the requisition and affidavit forms, Rule 64(3) on notice contents, Rule 64(4) on the 14-day and 7-day waits, Rule 64(31) on delay over three years, and Rules 64(36) to 64(39) on caveats.
• Supreme Court of Yukon, Form 73 — Affidavit of Notice of Application — the $70 caveat fee, the 21-day caveat window, and the registry address and telephone number.
• Yukon Courts, Supreme Court rules and forms — the form index confirming Rule 64 and Forms 4, 72, 73, 74, 75, 115 and 116.