What happens if I don't probate a will in Nova Scotia?
This answer covers the law of Nova Scotia.
If you don't probate a will in Nova Scotia, you generally can't transfer property that is registered only in the deceased's name, because the Probate Court gives the executor the legal authority to do that. Land is the clearest example: a grant is generally required to sell or transfer land in the deceased's name, and it is filed with the Land Registration Office when land is transferred.
Probate is not always needed. Where an asset has a named beneficiary or a joint owner, probate may only be needed if the asset holder, such as a bank, investment company or insurer, asks for it to prove authority, and that request is usually made only for sole-name assets. Land held as a joint tenant passes by survivorship without a grant.
The estate advertisement in the Royal Gazette is a statutory requirement for every estate opened in Nova Scotia, and it runs six months. If you do not want the role you can renounce, and the regulations set no deadline, but an executor who has already acted may be treated differently. Which rules matter depends on what the estate owns, so confirm with a lawyer.
Key takeaways
- Property registered only in the deceased's name generally cannot be transferred to beneficiaries without the Probate Court giving the executor authority.
- A grant is generally required to sell or transfer land in the deceased's name, but land held as a joint tenant passes by survivorship without one.
- For assets with a named beneficiary or joint owner, probate may be needed only if the bank, insurer or other asset holder asks for it to prove authority.
- An executor renounces by completing Form 12 or another method satisfactory to the registrar, and the regulations set no deadline for renouncing.