First Steps for an Executor After a Death in Nova Scotia

A death in the family is hard enough without a long to-do list. If you have been named as executor, you may feel pressure to do everything at once. In practice, the first weeks are about a few steady steps: find the will, protect what the person owned, and decide how to proceed.

This article gives a general order of tasks and points to the Nova Scotia rules that matter early on. Every estate is different, so treat it as a map rather than a substitute for advice on your own situation.

This article covers the law of Nova Scotia.

Find the will and decide whether to act

Your first job is to locate the original will. This matters because when you apply to the court, the filer must include the original will as an exhibit to an affidavit. An application for a grant of probate must also be accompanied by the original will with proof of execution, proof of death, any required renunciations or security, and payment of the probate tax.

Being named does not oblige you to accept. An executor renounces by completing Form 12 or another method satisfactory to the registrar, and the regulations set no deadline for renouncing. If you have already acted in the estate, you may be treated differently, so confirm with the registrar before taking any step.

If you are undecided, others may push you. Someone wanting to force a named executor to accept or refuse the office may apply to court by citation, but not until at least 20 days after the death unless the court finds circumstances warrant earlier.

A practical order for the first weeks

The steps below are general good practice. None of them replaces the court process, but they put you in a good position when it starts.

• Locate the original will and keep it safe. Do not mark, staple or alter it.
• Order several copies of proof of death, since banks, insurers and the court will ask for it.
• Secure the home and any vehicles, and make sure insurance stays in place.
• Redirect mail and note any bills, subscriptions and recurring payments.
• Make a list of everything the person owned and owed, including any named beneficiaries and joint owners.
• Start a file and a ledger. The personal representative must keep accurate records of all property and debts of the estate.

Avoid paying beneficiaries or giving away items early. Distributing before the creditor period ends can leave you personally responsible for unpaid claims.

Work out what needs probate

Property registered solely in the deceased's name cannot be transferred to beneficiaries without court approval, and the Probate Court gives the executor the legal authority to transfer it out of the estate. A grant is generally required to sell or transfer land in the deceased's name, and it is filed with the Land Registration Office when the land is transferred.

There are exceptions. Land held as a joint tenant passes by survivorship without a grant. For assets with a named beneficiary or joint owner, you may only need probate if the asset holder, such as a bank, investment company or insurer, asks for it to prove your authority, and that request is usually made only for sole-name assets.

Applying and the steps that follow

Probate applications are dealt with by a Registrar of Probate for the district, and contested matters go to a judge. Form 8 (or 8A) is the application for a grant of probate. If the application or required material is incomplete, the registrar may issue a notice of rejection in Form 17 by ordinary mail, for example where an affidavit was not sworn before an authorized person.

Once the grant is issued, a series of deadlines begins:

• Within 30 days, serve notice of the grant on each person who is or may be entitled to share in the estate, and file proof of service within 60 days; the registrar may extend these times.
• Advertise in the Royal Gazette. This is a statutory requirement for every estate, it runs six months, and then the estate can move to distribution.
• File a full inventory in Form 29 within 3 months.
• Creditors file a Notice of Claim (Form 32) within the six-month advertising period.

The value used for the inventory is the gross value of personal property plus the fair market value of real property less registered mortgages and encumbrances, measured as of the date of death.

What to do next

Gather the will, proof of death and your asset list, then contact the Registrar of Probate for the district to confirm what your file needs. If the estate has land, debts, a business, a possible dispute or several executors, speak with a lawyer before acting. With two or more personal representatives, land dispositions need all of them to concur or a Supreme Court order.

• Original will located and stored safely
• Several copies of proof of death ordered
• Property secured and insured
• Records and ledger started
• Decision made on accepting or renouncing
• Registrar contacted about the application

Frequently asked questions