- Whether you need a grant of probate to deal with a bank account often depends on whether the account is in the deceased's sole name.
- Banks and other asset holders decide what proof of authority they want, and they usually ask for probate only for sole-name assets.
- Do not distribute estate money early, because that can leave you personally liable for unpaid claims.
You have been named executor, bills are arriving, and the money to pay them is sitting in the deceased's bank account. It is natural to wonder whether you can simply walk into the branch and take over.
The answer depends on how the account was held and on what the bank asks for. This article explains the general picture in Nova Scotia so you know what to expect before you make the call.
This article covers the law of Nova Scotia.
The short answer: it depends on how the account was held
Property registered only in the deceased's name cannot be transferred to beneficiaries without court approval. The Probate Court gives the executor the legal authority to transfer it out of the estate.
That does not mean every account needs probate. For assets with a named beneficiary or a joint owner, an executor may only need probate if the asset holder asks for it to prove authority. That request is usually made only for sole-name assets.
Being named in a will does not by itself open an account to you. The institution holding the money decides what proof it needs, so call it early.
What banks and other holders usually want
Every bank has its own process, so ask what documents it requires. Typical things to have ready are listed below. These are practical suggestions, not a legal list.
- A copy of the death certificate or other proof of death
- The original will, or a copy if the bank asks for one first
- Your own identification as the named executor
- Account numbers or statements, if you have them
- A note of any joint owner or named beneficiary on the account
If the bank asks for a grant of probate, it is asking for the court document that proves your authority.
When a grant of probate is likely needed
| Situation | Is probate likely needed? |
|---|---|
| Account in the deceased's sole name | Often yes, because holders usually ask for it with sole-name assets |
| Account with a joint owner or named beneficiary | Only if the holder asks for it to prove authority |
| Land in the deceased's name | Generally yes, filed with the Land Registration Office when land is transferred |
| Land held as a joint tenant | No grant, because it passes by survivorship |
Where the bank wants a grant, you apply to the Probate Court. Applications are dealt with by a Registrar of Probate for the district.
Getting the grant and keeping the estate in order
The application for a grant of probate is made on Form 8 (or 8A). It 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. Since April 1, 2024, the original will must be an exhibit to an affidavit.
If something is missing, the registrar may send a notice of rejection by ordinary mail. Having everything complete the first time saves delay.
Once you have the grant, many executors ask the bank to open a separate estate account so estate money is not mixed with their own. Ask the bank how it sets this up. Whatever you do, keep accurate records of all property and debts of the estate.
Be careful about paying beneficiaries early. The estate is advertised in the Royal Gazette for six months. If you distribute before claims are dealt with, you risk personal liability for unpaid claims.
What to do next
- List every account and note whether it is sole-name, joint or has a named beneficiary.
- Phone each institution and ask exactly what it needs from an executor.
- If probate is needed, gather the original will and proof of death, and contact the Registrar of Probate for your district.
- Open an estate account once you have authority, and keep every receipt.
- Hold off distributing to beneficiaries until a lawyer has confirmed it is safe.
If the bank refuses to deal with you or the estate is complicated, a lawyer can explain your options.
Frequently asked questions
Can I transfer the deceased's property to beneficiaries before I have a grant?
Property in the deceased's sole name generally cannot be dealt with without the Probate Court's authority. Ask the bank what it will allow and confirm with a lawyer before paying anything personally that you plan to claim back.
Do I always need probate to access a bank account?
No. For assets with a named beneficiary or joint owner, probate may only be needed if the holder asks for it, and that is usually for sole-name assets.
Who decides whether the bank needs a grant?
The bank or other asset holder decides what it needs to be satisfied of your authority. The Probate Court issues the grant if one is required.
How long should I wait before distributing money to beneficiaries?
The Royal Gazette advertisement runs six months, after which the estate can move to distribution. Distributing earlier risks personal liability for unpaid claims.
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
- Courts of Nova Scotia – Dealing with an Estate at Probate Court — courts.ns.ca
- Service Nova Scotia – After the loss of a loved one — novascotia.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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