Forms Needed to Apply for Probate in Manitoba: A Checklist

An executor preparing a probate application usually wants one thing first: a clear list of what to complete. The Court of King's Bench publishes standard forms for this purpose.

The checklist below groups the forms by situation. Forms are revised from time to time, so always download the current version from the court before you fill anything in.

This article covers the law of Manitoba.

Where the forms come from

Probate forms are published by the Court of King's Bench, and the rules and forms behind them have been revised over time. Older guides and forms may be out of date, so make sure you are working from the current versions. Applications are filed with the Court of King's Bench, Probate Division, in Winnipeg, the central registry for probate matters.

Letters of administration are the alternative grant where there is no will or no executor able or willing to act. Probate is granted to the executor named in the will, whereas an administrator is appointed by the court.

The court has authority over testamentary matters, and grants of probate or administration may be made at any judicial centre. A grant made at any judicial centre has the same force and effect as one from any other centre and applies throughout Manitoba.

Checklist: executor applying for probate

• Form 74A, Request for Probate.
• Form 74B, Inventory and Valuation of the Property of the Deceased, sworn, covering all property owned at death.
• Check whether your application needs Form 74D, Affidavit of Execution, one of the probate forms; this depends on your situation.
• Check whether your application needs Form 74E, Affidavit of Condition, another of the probate forms; this also depends on your situation.
• Evidence that proves the will, as the court requires.
• An affidavit showing the deceased's place of abode at death.
• The prescribed fees.
• Form 74F, Grant of Probate, which is the document the court issues.

For a non-holograph will, the evidence must show valid execution and the testator's apparent soundness of mind and age, and at least one witness's evidence is generally required. For a holograph will, the evidence must establish the testator's handwriting and signature and the will's validity.

A notarial will made in Quebec may be admitted to probate on filing a notarial copy.

Forms for other situations

The small estate route applies where the total value of the property does not exceed $10,000. In that case the grant, inventory and bond provisions of the Act do not apply. Funeral expenses and debts are paid first, and the balance goes under the will or to next of kin, or to the Minister of Finance if none is found.

Administration shall not be granted to a person who is not habitually resident within Manitoba. A person not resident in Canada who seeks probate must give security like an administrator's, though the court may waive or reduce it in special circumstances.

Points that change the paperwork

• Limited grants: the inventory need only list the property covered by the grant.
• Bonds: an administrator must give a bond, generally double the sworn value of the property unless reduced.
• Waivers: if all beneficiaries are capable adults who consent, the judge may waive the bond or sureties.
• Sureties: none is needed if the sworn value is $50,000 or less, and one is needed for values over $50,000 but under $100,000.
• Registered Indians resident on a reserve at death: Rule 74 does not apply, and the request goes to the federal government.
• The registrar must certify that no other application exists elsewhere, unless the court orders otherwise.
• If someone who is not next of kin applies for administration, the court generally must order the next of kin and other interested persons to show cause.
• If a next of kin entitled to administer is absent from Manitoba, the court may grant temporary administration.
• If applications are filed in more than one judicial centre, proceedings are stayed until the court decides which proceeds.

In contentious matters, interested persons may be summoned and permitted to become parties. If a dispute is likely, how it affects your paperwork depends on the facts, so it is worth confirming with a lawyer.

Fees, searches and what follows a grant

Probate charges, the value-based probate fee, were eliminated effective November 6, 2020, and charges for applications for probate or administration no longer apply. Applications filed on or before November 5, 2020 can still face adjustments for later-discovered or revalued assets.

• Filing a caveat: $30.
• File or register search: $20 for complete information or $40 for incomplete information.
• Certificate of search with seal: $25.
• Probate Division record searches without a file number: $10 for computerized records from 1984 and later.

Fee amounts can change, so confirm the current figures with the court before you file.

After a grant, an executor granted probate has the powers the testator gave the named executors. If property is discovered after the grant, the executor or administrator must file a sworn inventory of it within 30 days, or any longer period a judge allows. A court may also order an executor or administrator to account, on its own motion or on application.

What to do next

Start by confirming whether you need probate at all, since assets such as life insurance payable to a named beneficiary and jointly held property with a right of survivorship can pass without it. If you do, gather your asset list and the will, confirm with the court or a lawyer exactly what must be filed with your application, then download the current forms.

A lawyer can review your forms before filing, which may help avoid delays. A document not in proper form can be rejected. Questions can go to ProbateInquiry@gov.mb.ca.

Frequently asked questions