How long does probate take in New Brunswick?
This answer covers the law of New Brunswick.
There is no single timeline for probate in New Brunswick, because it depends on the estate and how complete the application is. The law does set a few waiting points. Probate, or administration with the will annexed, is not granted until seven days have passed from the testator's death. Where there is no will, a citation to accept or refuse administration cannot issue until fourteen days after death.
Before a grant is issued, the applicant must file a sworn statement of the estate's value, and the Court's checklist also lists an inventory, a death certificate and payment of the tax. Missing items are a common reason applications stall, so gathering them first helps. A caveat, a competing application or a will challenge can add time, and a caveat stays in force six months unless withdrawn, vacated or a notice of intent to contest is filed.
After the grant, distribution has its own steps. A representative who distributes assets without a clearance certificate can be held personally liable for tax owing. The CRA says it acknowledges a clearance request within 45 days and assessment can take up to 120 days. Because timing depends on the facts, a lawyer can help you plan.
Key takeaways
- Probate or administration with the will annexed is not granted until seven days have passed from the death.
- A sworn statement of the estate's value is required before a grant is issued, and the Court's checklist also lists an inventory, a death certificate and payment of the tax.
- A caveat stays in force six months unless it is withdrawn, vacated or a notice of intent to contest is filed.
- A representative who distributes assets without a clearance certificate can be held personally liable for tax owing.