Do I need probate in Manitoba if everything is held jointly?
This answer covers the law of Manitoba.
Often you do not, for the jointly held property itself. In Manitoba, a will must be probated only if there are assets in the deceased's name alone. Jointly held property with a right of survivorship can transfer without a probate order.
So a home or bank account that you held jointly with a right of survivorship can generally pass to you as the surviving owner without probate. The key phrase is right of survivorship. Not every joint account or title carries one, so check how each asset is actually held. Probate can still be needed if your spouse or co-owner also owned anything in their name alone, such as a vehicle or a separate account.
Other assets that can transfer without probate include life insurance payable to a named beneficiary and the CPP Death Benefit. If probate is needed, the application goes to the Court of King's Bench, Probate Division, in Winnipeg. If the total property is $10,000 or less, the court may order property paid out without a grant. Deciding which of these apply to you depends on the full list of what the person owned. A lawyer can confirm how your assets are held.
Key takeaways
- A will must be probated in Manitoba only if there are assets in the deceased's name alone.
- Jointly held property with a right of survivorship can transfer without a probate order.
- Life insurance payable to a named beneficiary and the CPP Death Benefit can also pass without probate.
- Check how each asset is actually held, since probate may still be needed for anything in the deceased's sole name.