Who Must an Executor Notify After Probate Is Granted in Nova Scotia?

Once the Probate Court issues the grant, the executor's work moves from getting authority to telling people about it. Several notices and filings follow quickly, and some have short deadlines. Missing them can cause delay, disputes or personal exposure for the person in charge.

This article walks through who must be told, by when, and why the notices matter to beneficiaries and creditors. It does not cover renouncing the role, fees, accounts or closing the estate. Rules and forms can be amended over time, so check any deadline against the current Probate Court Practice, Procedure and Forms Regulations, and confirm it with the registrar or a lawyer.

This article covers the law of Nova Scotia.

Notice of the grant: who, how fast, and proof

Within 30 days after a grant is issued, the personal representative must serve notice of the grant on each person who is or may be entitled to share in the estate. The notice uses Forms 24 to 27.

Proof that you served them, on Form 28, is due within 60 days. The registrar may extend both of these times, so if you are running late it is better to ask than to let the dates pass.

The wording covers each person who is or may be entitled to share, which is wider than only those you are already sure about. Whether a particular family member or other person falls into that group depends on the facts of your estate, so keep a list of everyone you notify and confirm any doubtful cases with the registrar or a lawyer.

Why the notice matters to beneficiaries and family

The notice is often how a person first learns that a grant has been issued, and some legal windows run from the date of the grant. An application under the Testators' Family Maintenance Act generally cannot be brought after six months from the grant of probate, or of administration with will annexed, subject to an extension under subsection (2).

A surviving spouse who wants to apply to divide matrimonial assets must generally do so within six months after probate or administration is granted. The court may extend that time where the survivor did not know of the grant or lacked adequate opportunity, but a late application reaches only undistributed assets.

For an executor, this is a practical reason to serve notice promptly and keep proof. It also shows why distributing assets early can be risky while these windows are still open.

The Royal Gazette advertisement and creditors

Advertising in the Royal Gazette is a statutory requirement for every estate opened in Nova Scotia. The advertisement runs six months, after which the estate can move to distribution. Form 31 is the request for the advertisement.

Creditors file a Notice of Claim on Form 32 within the six-month advertising period and serve a copy on the personal representative. Form 33 is the notice of contested claim, used when a claim is disputed.

• Advertise in the Royal Gazette for six months.
• Expect creditors to file Form 32 and serve you with a copy.
• If you dispute a claim, the notice of contested claim is Form 33.

Protection from personal liability

If no claim is filed, or assets sufficient to cover the filed claims are retained, no action lies against the personal representative for paying debts and distributing. Distributing earlier risks personal liability for unpaid claims.

After 12 months from the grant, or a longer period if the court allows, claims presented must be paid and distribution made.

There is a protection for people you did not know about. A representative who distributes to persons whose claim or address they had no notice of is not liable for those proceeds, and a creditor who misses the advertising period may claim only with the court's prior consent.

Inventory, records and what to do next

After the grant, the personal representative files a full inventory on Form 29 within 3 months. The affidavit on Form 29 adjusts the probate tax under s. 87(1) of the Probate Act, which may mean no change, an additional payment or a refund. The estate is valued as of the date of death.

You must also keep accurate records of all property and debts of the estate. Good records make the inventory, the notices and any later questions much easier.

• Note the date the grant was issued and count 30 and 60 days from it.
• List everyone who is or may be entitled to share in the estate.
• Serve the notice of grant on each of them and keep proof for Form 28.
• Request the Royal Gazette advertisement and diarize six months.
• Keep a file of every Notice of Claim received.
• Prepare the Form 29 inventory within 3 months of the grant.
• Check the current regulations and ask the registrar if you need more time.

If the family is complicated, a claim is disputed or a deadline is close, a lawyer can confirm what applies to your estate.

Frequently asked questions