- A creditor files a Notice of Claim (Form 32) within the six-month Royal Gazette advertising period and serves a copy on the personal representative.
- A personal representative who keeps enough assets to cover filed claims is protected, but distributing early risks personal liability.
- A creditor who misses the advertising period may claim only with the court's prior consent.
When someone dies owing money, the people they owed do not simply send a bill and wait. In Nova Scotia there is a set process, run through the Probate Court, that lets creditors come forward and lets the personal representative pay debts before handing the estate to beneficiaries.
This article is for creditors who want to make a claim, and for executors or other personal representatives who receive claims. It explains the steps, the time limits and the protections on each side. It does not cover how debts are ranked or who pays them personally, and the details of your situation may change the answer.
This article covers the law of Nova Scotia.
The Royal Gazette advertisement starts the clock
Advertising in the Royal Gazette is a statutory requirement for every estate opened in Nova Scotia, and the advertisement runs six months, after which the estate can move to distribution. The personal representative advertises for six months under section 63 of the Probate Act.
Form 31 is the request for the Royal Gazette advertisement. For a creditor, the advertisement is the signal that the window to come forward is open. For a personal representative, it is the first step in protecting yourself from claims you did not know about.
How a creditor files a claim
A creditor files a Notice of Claim (Form 32) within the six-month advertising period and serves a copy on the personal representative. Both parts matter: the filing with the court and the copy to the person running the estate.
- Watch for the estate's advertisement, or ask the Registrar of Probate for the district whether an estate has been opened, since estate records are kept at the Registrar's office in each district.
- Complete Form 32 and file it within the six-month period.
- Serve a copy on the personal representative.
- Keep proof of what you filed, what you served and when.
What the personal representative should do
If no claim is filed, or assets sufficient to cover filed claims are retained, no action lies against the representative for paying debts and distributing. Distributing earlier risks personal liability for unpaid claims.
If you dispute a claim, Form 33 is the notice of contested claim. Keep accurate records of all property and debts of the estate, which the regulations require. Good records make it much easier to deal with claims and, later, to account for what you did.
A representative who distributes to persons whose claim or address they had no notice of is not liable for those proceeds.
Late claims and the 12-month point
A creditor who misses the advertising period may claim only with the court's prior consent. Waiting is risky, because the representative may already have paid out the estate to beneficiaries without knowing about you.
After 12 months from the grant (or longer if the court allows), claims presented must be paid and distribution made.
| Timing | What generally applies |
|---|---|
| Within six months of advertising | Creditor files Form 32 and serves the representative |
| Before the six months end | Distributing early risks personal liability |
| After the advertising period | Creditor needs the court's prior consent to claim |
| 12 months from the grant | Claims presented must be paid and distribution made, unless the court allows longer |
Debts and the value of the estate for probate tax
Many people assume debts reduce the estate value used for probate tax. Under the regulations, the value is the gross value of personal property plus the fair market value of real property less registered mortgages and encumbrances, so unsecured debts are not deducted from personal property. The estate is valued as of the date of death.
What to do next
- Creditors: note the date the Royal Gazette advertisement began and file Form 32 well before six months pass.
- Creditors: serve the personal representative and keep proof of service.
- Personal representatives: request the advertisement (Form 31) early and keep a list of every claim received.
- Personal representatives: hold back assets sufficient to cover filed claims before distributing.
- Either side: if a claim is disputed, or a late claim is involved, speak with a lawyer about Form 33 and court consent.
Frequently asked questions
How long does a creditor have to file a claim against an estate in Nova Scotia?
A creditor files a Notice of Claim (Form 32) within the six-month advertising period and serves a copy on the personal representative. A creditor who misses that period may claim only with the court's prior consent.
Can an executor distribute the estate before the six months end?
Distributing earlier risks personal liability for unpaid claims. Protection applies where no claim is filed or assets sufficient to cover filed claims are retained.
What if the executor disagrees with a claim?
Form 33 is the notice of contested claim. Because the right answer depends on the debt and the evidence, it is worth getting legal advice before responding.
Do debts lower the probate tax?
Unsecured debts are not deducted from personal property when valuing the estate, though registered mortgages and encumbrances reduce the value counted for real property.
Sources
- Courts of Nova Scotia – Probate Court — courts.ns.ca
- Probate Court Practice, Procedure and Forms Regulations — novascotia.ca
- Probate Act, SNS 2000, c 31, s. 63 and following — nslegislature.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
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