How to Apply for Probate in New Brunswick, Step by Step

If you are named as executor in a will, you will usually need Letters Probate to prove your authority. The process has a set order, and getting the documents right the first time saves delays.

This guide walks through the steps in New Brunswick. Because details can change, check the Court's current checklist or ask a lawyer before you file.

This article covers the law of New Brunswick.

Step 1: Confirm where and how to apply

Applications for letters probate or letters of administration are made to the probate office for the judicial district where the deceased lived or where their property was located. The Court says to apply through the Clerk of the Probate Court.

Procedure is set out in the Probate Rules, Regulation 84-9. The Court also publishes an Index of Probate Forms, a General Check List for Probate Applications (revised June 2026) and Probate Court Best Practices.

Probate is not strictly mandatory in New Brunswick, but the Court's FAQ recommends it, especially when the estate includes real property. On death, the property of the deceased vests in the personal representative, which is why banks and registries usually ask for proof of that person's authority. For a land transfer, a deed signed by a personal representative must be accompanied by the original will, letters probate or letters of administration, or it will not be registered, and unless the will names an executor or trustee, it must be probated before use; the criteria are dated, so confirm current requirements with Service New Brunswick. There is an exception: property not distributed by the personal representatives within two years after death vests in those beneficially entitled without a conveyance, whether or not probate has been taken out.

Step 2: Choose the right form and prove the will

An application for letters probate of a will is made in Form 2A or 2B. The checklist lists Forms 2C and 2D for administration with the will annexed, and 2E and 2F for administration without a will.

If there is no valid will, the Court grants Letters of Administration instead and appoints an administrator, usually a family member or close friend. Administration may go to the spouse, next-of-kin, or the next-of-kin's spouse as the Court considers proper, and a trust company authorized to do business in the Province may also be appointed.

Probate or administration with will annexed is not granted until seven days have passed from the death. Due execution of the will is proved by an affidavit of one of the subscribing witnesses in Form 2I or 2J, and a holograph will is proved by an affidavit in Form 2K.

If the named executor is not the applicant, the checklist requires an affidavit explaining why, plus a death or incapacity certificate and any needed renunciations. A named executor who renounces in Form 2AA or 2BB, with an affidavit of execution, ceases to have any rights in the executorship.

Step 3: Gather the estate information

• A sworn statement of the total value of the estate, filed before a grant is issued.
• A detailed inventory, either as a separate sworn document or a breakdown in the application.
• A copy of the death certificate; the long form is $45 in person or by mail and $40 online.
• The affidavit proving the will: from a subscribing witness in Form 2I or 2J, or for a holograph will in Form 2K.

If the grant goes to a creditor or a non-resident administrator, a bond with sureties is required. Ask the clerk or a lawyer whether this applies to you.

Step 4: Pay the tax and file

The tax is payable before letters issue. For applications filed on or after June 12, 2026, it is $200 up to $20,000; $200 plus $5 per $1,000 or part over $20,000 up to $100,000; and $600 plus $15 per $1,000 or part over $100,000. The value is the whole estate, with the actual value of any mortgage deducted from real property. The Court provides a Probate Tax Calculator.

Payment must accompany all documents filed. It can be made by certified cheque, money order, debit card, credit card or cash in person, or certified cheque or money order by mail, payable to the Minister of Finance for the Province of New Brunswick. Refiling a returned document costs $10.

Step 5: After the grant, and what to do next

Letters probate remain in force until revoked and have effect in all parts of the Province. Make several copies for banks and registries.

Your tax duties to the CRA continue after the grant. The final T1 return for a death from January 1 to October 31 is due April 30 of the following year, and for a death from November 1 to December 31, six months after the date of death; if the deceased or a spouse or common-law partner was operating a business, a different filing date applies, but any balance owing is still due on the regular date. A representative who distributes assets without a clearance certificate can be held personally liable for tax owing. A clearance certificate is applied for only after returns are filed, assessments are received and amounts are paid or secured.

• Read the Court's current checklist before filing.
• Confirm the witnesses are available to sign the affidavit.
• Prepare the inventory with values and any mortgages.
• Arrange payment in an accepted form.
• Ask a lawyer if there is a caveat, a dispute or an unusual asset.

Frequently asked questions