How Long Does Probate Take in Saskatchewan? Typical Timelines

If you are the executor, one of your first questions is probably how long this will take. People often picture probate as a single court step, but in Saskatchewan the work runs from preparing the application to getting tax clearance and paying beneficiaries.

No one can promise a fixed number of weeks, because the time depends on the estate, the paperwork and the court. This article walks through the stages, the points where time is built in, and the problems that most often slow things down.

This article covers the law of Saskatchewan.

The overall picture: about a year on average

The Court of King's Bench says the average estate takes about a year. Final distribution cannot occur until the CRA clearance certificate is received, so the grant from the court is only one part of the timeline. Some simple estates finish sooner, and estates with land, out-of-province assets or disputes can take longer.

Before anything else, check whether you need probate at all. The only asset that absolutely requires it is an interest in land, including mineral rights, registered solely in the deceased's name, and for other financial assets the institution decides whether it needs Letters. Letters may also not be required where the estate is $25,000 or less and includes no real property. Skipping an unnecessary application can save a great deal of time.

Stages and where time goes

The application itself needs several forms, including the Application for Grant of Probate (Form 16-11A), the Affidavit of Applicant (Form 16-13A), the Statement of Property (Form 16-14) and an affidavit proving the will was properly signed. Completing every form carefully before you file is worth the effort, and a lawyer can confirm which ones your situation needs.

Built-in waiting periods

Some delay is not a problem to fix. Distribution may be held back six months after Letters are obtained where a dependant may claim under The Dependants' Relief Act, 1996 or a spouse may apply for division of family property. A surviving spouse generally cannot start a family property application more than six months after the grant, and a spouse who signed a valid waiver cannot apply.

The tax side adds more time. A legal representative who distributes before getting a CRA clearance certificate can be held personally liable, up to the value of what was distributed, if tax is still owing. The certificate is requested only after returns are filed, notices of assessment are received and tax is paid, and final distribution cannot happen until it arrives.

Common causes of delay

• Missing or incomplete documents. The self-help package, for example, calls for a Certificate of Death from a funeral director, coroner or the Registrar of Vital Statistics, among other items.
• Minor or dependent adult beneficiaries. A Notice to the Public Guardian and Trustee (Form 16-12) is required if any beneficiary is under 18 or a dependent adult.
• Real estate. If the estate includes real property and no beneficiary is under 18 or a dependent adult, a Certificate of No Infants Interested is requested from the Court of King's Bench for $25 at the time of filing the application. If it was not requested at filing, it can instead be obtained from the Public Guardian and Trustee on a notarized copy of the Letters and an affidavit that no minors or dependent adults are interested.
• Assets in other places. A grant obtained outside Saskatchewan must be resealed before you deal with Saskatchewan assets, and a Saskatchewan grant may need resealing elsewhere.
• Executors who cannot or will not act. Renunciation forms or a different type of application may be needed.
• Disputes. A will can be challenged, including by proving it in solemn form or filing a caveat.

A lost original will is also a practical problem. How the court treats a lost will depends on the facts, so get legal advice early if you cannot find the original.

What to do next

• Ask each bank or institution whether it needs Letters before you apply.
• List what is registered solely in the deceased's name, especially land.
• Gather the will, the death certificate and valuations for the Statement of Property.
• Check whether any beneficiary is under 18 or a dependent adult.
• Note the tax dates for the final return so they do not slip.
• Speak to a lawyer promptly if the will is missing, unclear or likely to be contested.

Frequently asked questions