How to Apply for Probate at Saskatchewan Court of King's Bench

If you are the named executor and the estate needs a grant, the application is made to the Court of King's Bench. The process is paperwork-heavy but follows a clear order.

This article walks through the forms, the supporting documents and the fees. Which courthouse to file at depends on the circumstances, so confirm that with the court before you go.

This article covers the law of Saskatchewan.

Before you apply

First confirm a grant is actually needed. Land in the deceased's sole name requires one, while other institutions decide for themselves. The completed forms are filed with the Court of King's Bench.

Some assets pass outside probate, such as land held in joint tenancy with survivorship, bank accounts with survivorship, life insurance with a named beneficiary, and RRSPs or RRIFs with a named beneficiary. Letters may also not be required where the estate is $25,000 or less and includes no real property, but real estate always requires Letters for land transactions with Information Services Corporation (ISC). Whether this fits your estate is worth confirming with a lawyer.

The court's self-help package is for use only where there is a will, the named executor is the applicant and two witnesses signed the will. If you are not the named executor, a different application applies.

The forms for Letters Probate

• Application for Grant of Probate (Form 16-11A)
• Affidavit of Applicant for Probate (Form 16-13A)
• Statement of Property (Form 16-14)
• Affidavit of Execution of Will (Form 16-19A), or Affidavit Proving Execution of a Holograph Will (Form 16-19B)

If you are not the named executor but there is a will, the application is an Application for Grant of Administration with Will Annexed (Form 16-11B). Priority is set by section 10 of The Administration of Estates Act, starting with executors, then residuary beneficiaries, down to the official administrator.

Supporting documents

• Notice to Public Guardian and Trustee (Form 16-12, two copies) if any beneficiary is under 18 or a dependent adult
• Renunciation of Probate (Form 16-16) from a named executor giving up the right
• Renunciation of Administration (Form 16-26) from those with prior or equal right
• Administration Bond (Form 16-31), which may be required
• A Certificate of Death from a funeral director, coroner or the Registrar of Vital Statistics, and a Certificate – No Persons Under 18 Years, in the self-help package

If the estate includes real property and no beneficiary is under 18 or a dependent adult, a Local Registrar's Certificate of No Infants Interested can be requested from the Court for $25, and it must be requested when you file the application. If it was not requested at filing, it can instead be obtained from the Office of the Public Guardian and Trustee on a notarized copy of the Letters and an affidavit that no minors or dependent adults are interested.

For land values on the Statement of Property, you can use a land appraiser or agrologist report, a real estate agent market evaluation, or a municipal property assessment.

Court fees

A standard application costs a $200 Local Registrar fee plus a levy of $7.00 per $1,000 (or portion thereof) of Total Part 1 Assets on the Statement of Property. The fee is paid at the court house when you apply. Assets passing outside the estate, such as joint survivorship property, named-beneficiary insurance and RRSPs or RRIFs, are excluded. How land is counted for the levy, including whether only your equity in it is used, is worth confirming with the court before you file.

For example, a Part 1 estate of $500,000 produces a levy of $3,500, plus the $200 fee. For estates of $15,000 or less administered by the applicant, court staff may help prepare the application and the Local Registrar fee is $300 plus the same levy, but only where the estate is within the prescribed amount and the applicant is a Saskatchewan resident entitled to letters who is not a creditor. Fees may change, so confirm them before filing.

What to do next

• Confirm you are the named executor and that two witnesses signed the will.
• Get a Certificate of Death from a funeral director, coroner or the Registrar of Vital Statistics.
• List and value all Part 1 assets for the Statement of Property.
• Check whether any beneficiary is under 18 or a dependent adult.
• Ask the court which courthouse to file at and how to pay.
• Consider legal help if the will is unclear or someone may challenge it.

Getting the grant is not the end of the job. The province lists further executor duties, including publishing a Notice to Creditors, depositing money in an estate account, obtaining a CRA Final Clearance Certificate and accounting to beneficiaries within two years. The court says the average estate takes about a year. How these steps apply depends on your situation, so it is worth confirming with a lawyer.

Frequently asked questions