How do I apply for a grant of probate in Nova Scotia as a named executor?
This answer covers the law of Nova Scotia.
You apply to the Probate Court by filing Form 8 (or 8A) for a grant of probate, and the application is dealt with by a Registrar of Probate for the district. This matters because property registered only in the deceased's name cannot be transferred to beneficiaries without court approval.
The application must be accompanied by the original will with proof of execution, proof of death, any required renunciations or security, and payment of the probate tax. Since April 1, 2024, the original will must be filed as an exhibit to an affidavit. If something is missing, the registrar may send a notice of rejection in Form 17 by ordinary mail, with reasons such as an affidavit not sworn before a barrister, notary public, registrar or deputy registrar.
After the grant, you must serve notice of it on each person who is or may be entitled to share in the estate within 30 days, and file a full inventory in Form 29 within 3 months. The estate is also advertised in the Royal Gazette for six months. Assets with a named beneficiary or joint owner may not need probate, depending on what the asset holder asks for.
Key takeaways
- You apply on Form 8 (or 8A), and the Registrar of Probate for the district deals with the application.
- Since April 1, 2024, the original will must be filed as an exhibit to an affidavit.
- An incomplete application can be rejected by a notice in Form 17 sent by ordinary mail.
- After the grant, you serve notice within 30 days and file the Form 29 inventory within 3 months.