How Long Does Probate Take in Prince Edward Island?

If you are an executor or a beneficiary, the waiting is often the hardest part. You may want to know when the court will issue a grant and when money or property can finally move.

This article explains what shapes the timeline in Prince Edward Island, what commonly causes delays, and what needs to happen before assets are distributed. It does not give a promised number of weeks, because the time depends on the facts of each estate.

This article covers the law of Prince Edward Island.

Why there is no one answer

People often ask for an average time, but the length of probate depends on how complete the application is, whether a will names an executor who is willing to act, and whether anyone has a competing right to administer. A straightforward estate with a clear will and a ready executor will usually move more smoothly than one with gaps or disputes. For a realistic estimate on your own estate, ask a lawyer or the Estates Section.

The steps that set the pace

An application for probate or letters of administration is made to the Supreme Court's Estates Section by petition under Rule 65 (Estates of Deceased Persons). The petition must state the date of death, the deceased's marital status, and the name, age and address of each child.

The prescribed petition forms are Form 65A (Petition for Probate), Form 65B (Petition for Administration with will annexed) and Form 65C (Petition for Grant of Administration), and the executor swears an oath on Form 65D. Which form you use depends on whether there is a will and whether an executor is acting.

• An executor receives Letters Probate (Form 65U).
• Where there is a will but no executor acts, Letters of Administration with the Will Annexed (Form 65W) issue.
• On an intestacy, Form 65C requires the petitioner to list the next of kin and heirs at law and state the grounds of the applicant's right to administer.

Common causes of delay

Delays usually come from incomplete information or from questions about who has the right to act. Some situations written into the rules and the Probate Act are worth knowing about.

• Missing details on the petition, such as the children's ages and addresses or the marital status, which the petition must state.
• A named executor who does not apply. If an interested party gives thirty days' notice requiring the executor to take out probate and they fail to do so, letters of administration with the will annexed may be granted instead.
• An executor who declines the role by filing a renunciation (Form 65K).
• An intestacy where no letters have issued. A person interested must, before applying themselves, cite those with a prior right to accept or refuse administration.
• An estate already probated elsewhere, which involves an ancillary grant on application and payment of prescribed fees; a foreign administrator's nomination uses Form 65YY.
• Waiting for a death certificate. The Vital Statistics Division issues them, and a certificate showing cause of death is restricted to certain relatives such as a spouse, child, parent or sibling.

Where the Probate Act and Rule 65 are silent, the general Rules of the Supreme Court apply to Estates Section proceedings. If no one is entitled or willing to administer an estate, the Provincial Administrator of Estates Act governs the Provincial Administrator's role.

Fees, tax and when you can distribute

Probate fees are scaled to probate value, meaning the gross assets of the estate, not including life insurance money passing on death to a named beneficiary. Life insurance paid to a named beneficiary therefore does not increase the probate fee. The fee schedule starts at $50 for a petition where probate value is up to $10,000 and $100 for $10,001 to $25,000, rising in bands above that. Confirm the current amounts with the Estates Section before you file.

Tax also affects timing. The final T1 return is due April 30 of the following year if death occurred January 1 to October 31, or six months after the date of death if death occurred November 1 to December 31. If the deceased or their spouse or common-law partner carried on a business, the return is due June 15 for deaths January 1 to December 15, though any balance is still due April 30, or six months after death for deaths December 16 to 31.

If the person died early in the year before filing the prior year's return, that return is due six months after the date of death. Before distributing any property of the estate, the legal representative should determine whether a CRA clearance certificate is needed. In practice, this means beneficiaries may wait for the tax steps even after a grant has issued.

What to do next

• Find the original will and confirm whether the named executor is willing to act.
• Order death certificates through the Vital Statistics Division.
• Gather the details the petition requires: date of death, marital status, and each child's name, age and address.
• Identify the right form (65A, 65B or 65C) and prepare the executor's oath on Form 65D if it applies.
• Ask the Estates Section to confirm the current fee for your estate's probate value.
• Track the tax filing dates and ask an accountant or lawyer whether a clearance certificate is needed before you distribute anything.

If there is a dispute, a missing executor, or property in more than one place, speak with a lawyer early. Early advice can help avoid avoidable delays.

Frequently asked questions