What Documents Do You Need to Apply for Probate in Nova Scotia?

Applying for probate in Nova Scotia is mostly a paperwork exercise. The Probate Court needs to see the right form, the right supporting documents and a sensible estimate of what the estate is worth. If something is missing, the application can come back to you and your timeline slips.

This article walks through a practical checklist for executors and administrators: which form to use, what must accompany it, how the estate is valued for the application, and the common reasons for a rejection. It is general information, not advice on your particular estate.

This article covers the law of Nova Scotia.

Start with the right application form

Probate applications are dealt with by a Registrar of Probate for the district, and estate records are kept at the Registrar's office in each district. The form you use depends on the type of grant you are applying for.

If you are unsure which applies, for example because the will names no executor who is willing or able to act, a lawyer can confirm the right route before you file.

The core documents for a probate application

An application for a grant of probate must be accompanied by the original will with proof of execution, proof of death, any required renunciations or security, and payment of the probate tax.

• The completed application form (Form 8 or 8A for probate).
• The original will, not a photocopy, attached as an exhibit to an affidavit.
• Proof of execution of the will.
• Proof of death.
• Any required renunciations, for example from an executor who will not act.
• Any required security.
• Payment of the probate tax.

Since April 1, 2024, a filer must include the original will as an exhibit to an affidavit when applying. Keep the original safe and do not staple, alter or mark it.

Renunciations and executors who will not act

An executor named in the will who does not want the role renounces by completing Form 12 or another method satisfactory to the registrar. The regulations set no deadline for renouncing. However, an executor who has already acted in the estate may be treated differently, so confirm with the registrar before taking any step.

If someone needs to force a named executor to accept or refuse the office, they may apply to court by citation, but generally not until at least 20 days after the testator's death unless the court finds circumstances warrant earlier.

Valuing the estate for the application

The value of the estate is used for the probate tax, security and the inventory. It is the gross value of personal property plus the fair market value of real property less registered mortgages and encumbrances. So a registered mortgage on a house reduces the land value counted, but unsecured debts are not deducted from personal property.

• The estate is valued as of the date of death.
• A mobile home is treated as personal property.
• If the court believes the value exceeds the inventory figure, it may inquire into the matter.
• On the Form 8 application, the value of assets passing under the will excludes real property outside Nova Scotia, real property held in joint tenancy, and insurance.

That last point means joint property passing by survivorship does not add to the value used for the fee. After the grant, the personal representative files a full inventory in Form 29 within 3 months, and its affidavit adjusts the probate tax with no change, an additional payment or a refund.

Why a registrar may reject an application

If an application or required material is incomplete, the registrar may issue a notice of rejection in Form 17 by ordinary mail. Form 17 lists reasons such as an affidavit not sworn before a barrister, notary public, registrar or deputy registrar, and missing Public Trustee consent.

Probate tax amounts are not quoted here because they can change. Check the current Probate Court Costs and Fees table on courts.ns.ca for the figure that applies to your estate.

What to do next

• Locate the original will and keep it safe.
• Get a copy of the proof of death.
• Decide which form applies: 8/8A, 9/9A or 10/10A.
• List assets and debts, and value them as of the date of death.
• Arrange the affidavit so it is sworn before an authorized person.
• Check whether any renunciations, security or Public Trustee consent are needed.
• Confirm the current probate tax on the courts.ns.ca fee table before paying.

Once the grant issues, the personal representative must serve notice of the grant (Forms 24 to 27) within 30 days on each person who is or may be entitled to share in the estate, with proof of service (Form 28) due within 60 days, although the registrar may extend these times. Because the regulations can be amended, confirm the current requirements with the registrar or a lawyer. A lawyer can also help if the estate is complicated or a form is rejected.

Frequently asked questions