Do You Need Probate in Saskatchewan? When a Grant Is Required

After a death, many families hear that the estate must go through probate, and assume it is always required. In Saskatchewan, whether you need a court grant depends mostly on what the person owned and how it was held.

This article explains when a grant is required, when it may not be, and how to find out what a particular bank, credit union or Information Services Corporation (ISC) will ask for.

This article covers the law of Saskatchewan.

What probate is in plain terms

Probate is the court process that confirms an executor's authority to deal with the estate. In Saskatchewan, an executor named in a will applies to the Court of King's Bench for Letters Probate.

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

When a grant is 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).

For other financial assets, the institution holding them, such as a bank, credit union or trust company, decides whether it needs Letters. The first step is to ask the institution.

Assets that pass outside probate

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

These assets are also left out when the probate fee is calculated. Even so, they may still matter for income tax on the final return, so keep a list of them.

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 such as 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 figures come from different rules, so do not treat them as one threshold.

If you do need a grant: forms and costs

For Letters Probate, the forms include the Application for Grant of Probate (Form 16-11A), the Affidavit of Applicant for Probate (Form 16-13A), the Statement of Property (Form 16-14), and an Affidavit of Execution of Will (Form 16-19A) or, for a holograph will, an Affidavit Proving Execution of a Holograph Will (Form 16-19B).

If there is a will but the applicant is not the named executor, the application is the Application for Grant of Administration with Will Annexed (Form 16-11B). Priority to apply follows section 10 of The Administration of Estates Act, starting with executors, then residuary beneficiaries, down to the official administrator. A Notice to Public Guardian and Trustee (Form 16-12, two copies) is required if any beneficiary is under 18 or a dependent adult.

The standard court fees are a Local Registrar fee of $200 plus a levy of $7.00 per $1,000 (or portion thereof) of Total Part 1 Assets on the Statement of Property. For example, a Part 1 estate of $500,000 produces a levy of $3,500, plus the $200 fee. For estates of $15,000 or less administered by the applicant, the Local Registrar fee is $300 plus the same levy. The fee is paid at the court house when applying. Fees can change, so confirm the current amounts before you file.

What to do next

• List every asset and note how it is held (sole name, joint, named beneficiary).
• Contact each bank, credit union or trust company and ask what it requires.
• Check whether any land or mineral rights are in the deceased's sole name.
• Find out whether there is a will and who is named as executor.
• If the estate is complicated or there is a dispute, speak with a lawyer before you start.

Frequently asked questions