How to Apply for Probate in Newfoundland and Labrador: Notice, Petition, Inventory

When someone dies, the person named as executor, or the next of kin if there is no will, often has to deal with the Supreme Court of Newfoundland and Labrador to get authority over the estate. The process is paperwork-heavy but follows a clear order, and many people work through it on their own.

This article walks through the steps in the order they happen: who can apply, the notice, the petition and inventory, the fees, the bond for administrators, and the things that can slow an application down. Your own estate may have wrinkles, so a lawyer can confirm how the steps apply to you.

This article covers the law of Newfoundland and Labrador.

Do you need probate, and who can apply?

Probate is not legally required in Newfoundland and Labrador, but an executor who wants to dispose of estate assets needs Letters of Probate to prove the right to do so. The court says the type of assets, not their value, usually decides whether an estate should be probated or administered, and it advises consulting a lawyer if you are unsure. An executor who acts without a grant may be liable if the will is later found invalid, so a grant also protects the executor.

Some assets pass outside the estate. Where a beneficiary is designated, life insurance money is generally not part of the estate. However, a designation of the insured's "heirs", "next of kin" or "estate" is treated as a designation of the personal representative, so that money is paid to the estate and the executor will need a grant. A matrimonial home that spouses hold as joint tenants passes to the surviving spouse without probate or estate administration. But if the deceased held land or accounts in their sole name that must be sold, transferred or collected, a grant is needed.

For probate, Rule 56.01 gives priority to executors, then residuary legatees, then the Crown, subject to the judge's discretion. Where there is no executor, administration goes by Rule 56.02 in this order: spouse, children, parents, siblings, grandparents, then creditors and the Crown, again subject to the judge's discretion. Under Rule 56.03(1), a person resident in the province is preferred over one with equal right unless a judge orders otherwise.

There is no time limit to apply, and the court says a lawyer is not needed to probate a will or administer an estate.

Step one: the Notice of Application

Every application starts by posting a Notice of Application (Form 56.04A) with the Registry Office. Five days' notice of the petition is posted in the registry, though the court may set a different period or dispense with notice.

Do not let the notice sit. A Notice of Application posted on or after January 1, 2003 lapses 6 months after posting unless an application is made in that time or a caveat has been entered.

Step two: the registry check, petition and inventory

After the 5-day notice period, the applicant confirms that no caveat has been entered and no previous grant has been made, then files the petition, the inventory (Form 56.10A) and, for probate, the will. No grant may be made until the registry certifies whether a caveat has been entered and whether a previous grant exists.

Small mistakes in the paperwork are a common cause of delay. Use this list before you file:

• The will is attached as Schedule A.
• The applicant, the witness giving the Proof of Will and the person taking the affidavits have signed the back of the will.
• All schedules are initialed.
• The inventory and valuation of Newfoundland and Labrador property accompany the petition.

If the deceased was a Status Indian, the court notes that Indigenous Services Canada may need to be contacted, as the Court may be unable to process the application.

What it costs

The fee is based on the value of the estate from the inventory and valuation of property in Newfoundland and Labrador. The charge is $60 where the estate does not exceed $1,000, plus $0.60 for each additional $100 of estate value. The court's calculator also includes a $60 fee for the order. For example, a $250,000 estate works out to $60 plus $1,494, which is $1,554.

The fee is payable by the executor or administrator in a representative capacity only, not personally. The court accepts cash, debit, Visa, Mastercard and cheque, but not American Express. If the estate is later valued lower than first certified, the representative may apply for a refund; if higher, an additional amount must be paid on the difference. The official pages do not say exactly when the fee is due, so confirm with the registry.

The administration bond

Letters of administration are only issued if the administrator files a bond with two sureties, unless the court orders otherwise. The bond is set from the inventory value, and Rule 56.22 lets the court dispense with it on an affidavit showing there are no debts or adequate provision for them.

The bond requirement does not apply to a trust company authorized to do business in the province or to the Public Trustee.

What can stall an application, and what to do next

• A caveat: once one is entered (Form 56.04AA), no grant can issue without the caveator being notified and heard, and the applicant must within one year start a proceeding to expunge it or, for probate, to prove the will in solemn form.
• Proof in solemn form: the court or a judge may require it where circumstances appear to justify it.
• Paperwork errors: missing signatures, initials or an incomplete inventory.

The court gives no processing timeline for a grant; the only fixed period it states is the 5-day notice period. Plan around that uncertainty rather than expecting a set number of weeks.

Next, gather the original will, a list of assets and debts in Newfoundland and Labrador with values, and the death certificate. If a caveat appears, the will looks contested, or the estate has assets elsewhere, speak with a lawyer before going further.

Frequently asked questions