How to Apply for Letters of Probate in Newfoundland and Labrador

If you are named as executor in a will, you may need a court document called Letters of Probate before banks, land registries and others will deal with you. The process is paper-based and step by step, and many executors do it without a lawyer.

This article walks through the application at the Supreme Court of Newfoundland and Labrador, from the first notice to the fee, and points out where delays tend to come from.

This article covers the law of Newfoundland and Labrador.

Do you need Letters of Probate?

Probate is not legally required in Newfoundland and Labrador, but an executor who wants to dispose of estate assets needs Letters of Probate to prove the right to do so. The type of assets in the estate, not its value, usually decides whether an estate should be probated or administered.

Where the deceased held land or accounts solely in their own name that you must sell, transfer or collect, you will need a grant. A grant also protects you, because an executor who acts without one may be liable if the will is later found invalid.

Rule 56.01 gives priority to executors, then residuary legatees, then the Crown, subject to the judge's discretion. There is no time limit to apply, and the court says a lawyer is not needed.

Step 1: Post the Notice of Application

Every application starts by posting a Notice of Application with the Registry Office, using Form 56.04A. Five days' notice of the petition is posted in the registry, though the court may set a different period or dispense with notice.

Do not let the notice sit too long. A Notice of Application posted on or after January 1, 2003 lapses 6 months after posting unless an application is made in that time or a caveat has been entered.

Step 2: File the petition, inventory and will

After the 5-day notice period, the applicant confirms that no caveat has been entered and no previous grant has been made, then files the petition, the inventory (Form 56.10A) and, for probate, the will. No grant may be made until the registry certifies whether a caveat has been entered and whether a previous grant exists.

Small paperwork errors cause delay, so check the details. The will must be attached as Schedule A, signed on the back by the applicant, the witness giving the Proof of Will and the person taking the affidavits, and all schedules must be initialed. The inventory and valuation of Newfoundland and Labrador property must accompany the petition.

• Notice of Application (Form 56.04A) posted.
• Registry confirmation that no caveat or earlier grant exists.
• Petition signed by the applicant or lawyer.
• Inventory and valuation (Form 56.10A) of property in the province.

What the application costs

The charge on a grant is $60 where the estate does not exceed $1,000, plus $0.60 for each additional $100 of estate value. It is based on the value shown in the inventory and valuation of property in Newfoundland and Labrador.

As an illustration of the arithmetic, a $250,000 estate works out to $1,554. The statute does not say how part-$100 amounts are treated. The fee is payable by the executor or administrator in that representative capacity only, not personally.

If the estate is later valued lower than first certified, the representative may apply for a refund of the overpayment, and if it is valued higher, an additional amount must be paid on the difference. Other court fees include $30 for a certified copy, $20 for a search and $50 for an exemplification of letters. The court accepts cash, debit, Visa, Mastercard and cheque, but not American Express.

The court page does not state a due date for the fee, which is worked out once the inventory and valuation are given to the Probate Registry. Ask the registry how and when to pay.

Delays and what to do next

The court gives no processing timeline for a grant; the only fixed period it states is the 5-day notice period before the petition is filed. Plan for the estate to take time rather than relying on a quoted number of weeks.

Two things can slow a file. Once a caveat (Form 56.04AA) is entered, a grant cannot issue without the caveator being notified and heard, and the applicant must within one year of entry start a proceeding to expunge it or, for probate, to prove the will in solemn form. The court or a judge may also require a will to be proved in solemn form where circumstances appear to justify it.

If an executor was appointed under a grant made outside the province and the deceased had assets in Newfoundland and Labrador, the Supreme Court can reseal that foreign grant so the out-of-province executor can deal with those assets, and resealing has the same effect as a local grant. For estates of Status Indians, Indigenous Services Canada may need to be contacted, as the Court may be unable to process the application.

Once the grant issues, within 1 year you must file an inventory and valuation and statements of estate received, disbursements and estate outstanding. If your file is complicated, a lawyer can review it before you file.

Frequently asked questions