Do You Need Probate to Settle an Estate in Saskatchewan?

When a relative dies, you may be handed a pile of papers and told you need probate. In practice, whether you do depends on what the person owned and how each asset was held.

This article explains where Saskatchewan treats probate as essential, where it is a decision for the bank or other holder, and what passes outside the estate altogether. It is general information, not advice on your particular estate.

This article covers the law of Saskatchewan.

What probate is in plain words

Probate is a court-issued grant that confirms who has authority to deal with the estate. If there is a will naming an executor, that person applies to the Court of King's Bench for Letters Probate.

There are three kinds of grant: Letters Probate where the will names an executor, Letters of Administration where there is no will, and Letters of Administration with Will Annexed where there is a will but no executor is named, or the executor cannot or will not act.

When Letters are required

The Court of King's Bench says 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 Probate or Letters of Administration with Will Annexed are required for any land transaction with Information Services Corporation (ISC).

Real property must first be transferred at ISC into the personal representative's name. If the estate is not insolvent, it can then be transferred to one or more beneficiaries or a purchaser.

Assets that pass without probate

Some assets never become part of the estate that goes through court. These include:

• Land held in joint tenancy with survivorship.
• Bank accounts with survivorship.
• Life insurance with a named beneficiary.
• RRSPs and RRIFs with a named beneficiary.

Other financial assets held in the deceased's name alone are different. The bank, credit union or trust company decides whether it needs Letters, so the first step is to ask the institution.

Small estates and other exceptions

Letters may not be required where the estate is $25,000 or less and includes no real property, and for Part II assets, which are jointly owned property, assets with a named beneficiary and assets outside Saskatchewan. Real estate always requires Letters for ISC land transactions.

A separate small-estate process exists for estates of $15,000 or less administered by the applicant, where court staff help prepare the application. These thresholds serve different purposes, so do not treat them as the same rule.

If a grant was obtained outside Saskatchewan, it must be resealed before you deal with Saskatchewan assets.

What a standard application costs

On a standard application, the court fees are a Local Registrar fee of $200 plus a levy of $7.00 per $1,000, or portion of $1,000, of Total Part 1 Assets on the Statement of Property. The fee is paid at the court house when applying, and assets passing outside the estate are excluded. Fees can change, so confirm the current amounts with the court.

What to do next

• List every asset and note how it is held: your name alone, joint, or with a named beneficiary.
• Check for land or mineral rights registered solely in the deceased's name.
• Ask each bank, credit union or trust company whether it requires Letters.
• Ask a lawyer to confirm the position if the estate includes land, assets outside Saskatchewan or a possible small-estate exception.

If you are unsure whether anyone has already applied, the Wills and Estates Registry in Regina can search for estate applications filed in Saskatchewan courts since 1905 for a $20 fee, and you should allow 1 to 2 weeks.

Frequently asked questions