What is a grant of probate in Manitoba and what does it let an executor do?
This answer covers the law of Manitoba.
A grant of probate is the court's confirmation that a will has been proved, and it goes to the executor named in that will. With it, you have the powers the testator gave the named executors and may act as effectively as a sole executor named by the testator. The court issues it under seal once the will is proved, the place of abode at death is shown by affidavit, and the fees are paid.
Letters of administration are the alternative where there is no will or no executor able or willing to act. An administrator is appointed by the court rather than named in the will, and must generally give a bond. A judge may waive the bond if all beneficiaries are capable adults who consent.
Not every estate needs a grant, because probate is required only for assets in the deceased's name alone. Life insurance payable to a named beneficiary and jointly held property with a right of survivorship can transfer without a probate order. The value-based probate charge was eliminated effective November 6, 2020. Which of these applies depends on how the assets are held, so a lawyer can confirm your situation.
Key takeaways
- A grant of probate goes to the executor named in the will, while a court-appointed administrator receives letters of administration instead.
- An executor granted probate has the powers the testator gave the named executors and may act as effectively as a sole executor named by the testator.
- A grant is needed only if there are assets in the deceased's name alone, and assets such as life insurance payable to a named beneficiary can pass without one, while a small estate of $10,000 or less may be dealt with by court order without a grant.
- Probate charges were eliminated effective November 6, 2020, though other court fees may still apply.