How Long Does Probate Take in Manitoba's Court of King's Bench?

If you are an executor or a beneficiary waiting on an estate, the question you probably want answered is how long it will take. It is a fair question, and an honest answer is that it varies.

What you can do is understand which parts of the process take time and which circumstances tend to cause delay. That helps you plan and ask better questions.

This article covers the law of Manitoba.

Why there is no single answer

Every estate is different. The time depends on how quickly the applicant can assemble the documents, how clear the evidence about the will is, and whether anyone objects. General questions about a file can be sent to the Probate Division at ProbateInquiry@gov.mb.ca.

One thing that no longer affects planning is the value-based probate charge, which was eliminated effective November 6, 2020. Other court fees may still apply.

The parts of the process that take time

• Proving the 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.
• The sworn inventory: the applicant must file a sworn inventory of all property the deceased owned at death before a grant is made.
• The registrar's check: probate cannot be granted until the registrar has certified that no other application exists elsewhere, unless the court orders otherwise.
• Fees and affidavits: letters probate may be granted after the will is proved, the place of abode at death is shown by affidavit, and the prescribed fees are paid.

Of these, the inventory is often the one the executor controls most. Gathering account statements, property records and valuations early can shorten the wait.

What commonly causes delays

If there is a dispute while litigation is pending, the court may appoint an administrator who can pay creditors but not otherwise distribute the estate. That means beneficiaries may wait longer for distributions.

Administrators, bonds and residency

Where there is no will or no executor able to act, an administrator is appointed by the court. An administrator must give a bond, which unless reduced is double the sworn value of the property covered by the grant. No surety is needed if the sworn value is $50,000 or less, and one surety is needed for values over $50,000 but under $100,000. If all beneficiaries are capable adults who consent, the judge may waive the bond or sureties.

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. Arranging security or choosing a different applicant can add time.

What to do next

Winding up does not end with the grant. Property discovered after the grant needs a sworn inventory within 30 days, or any longer period a judge allows. A court may order an executor or administrator to account, on its own motion or on application, with at least 14 days' notice to sureties and interested persons habitually resident in Manitoba unless the court directs shorter notice.

• Executors: collect the original will, asset records and witness details before you file.
• Check every form for completeness so it is not rejected.
• Keep beneficiaries updated so they know what stage the file is at.
• Beneficiaries: ask the executor politely for a status update before escalating.
• Speak with a lawyer if there is a dispute, a missing witness, or no one able to act as executor.

Frequently asked questions