What is a grant of probate in Saskatchewan and what does it let an executor do?
This answer covers the law of Saskatchewan.
A grant of probate, called Letters Probate, is the court document an executor named in a will applies for to show they can act for the estate. The application and completed forms are filed with the Court of King's Bench. Letters Probate is the grant used when the will names an executor.
Whether you need one depends on the asset. The only asset that absolutely requires probate is an interest in land, including mineral rights, registered solely in the deceased's name. If the estate includes real estate, Letters are required for any land transaction with Information Services Corporation (ISC). For bank accounts, the institution decides whether it needs Letters, so ask it first.
Some property passes outside probate, such as land held in joint tenancy with survivorship and insurance with a named beneficiary. Letters may also not be needed for an estate of $25,000 or less with no real property. If you are unsure, ask each institution what it requires before you apply. A lawyer can confirm what applies to your situation.
Key takeaways
- Letters Probate is the grant used when a will names an executor, and the executor applies to the Court of King's Bench.
- Land registered solely in the deceased's name is the one asset that absolutely requires probate.
- Banks, credit unions and trust companies decide for themselves whether they need Letters, so ask first.
- Joint survivorship property and named-beneficiary insurance, RRSPs and RRIFs pass outside probate.