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№ 22 Wills & Estates

Forms and Documents Needed to Apply for Probate in Prince Edward Island

A plain-language checklist of the court forms and papers used for a probate application in Prince Edward Island, and what each one is for.

Wills & Estates5 min readTSLBy the Treadstone Law Team · Prince Edward IslandUpdated November 6, 2026
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Key takeaways
  • Probate applications in Prince Edward Island are made by petition to the Supreme Court's Estates Section under Rule 65.
  • The prescribed petition forms are Form 65A, 65B and 65C, and an executor swears an oath on Form 65D.
  • Which supporting papers the court wants for your file is best confirmed with the Estates Section before you file.

Applying for probate means asking the court to confirm that you have authority to deal with a deceased person's property. Most of the work is gathering the right paper in the right order.

This article walks through the forms and documents commonly involved in Prince Edward Island, what each is for, and where to double-check before you file.

This article covers the law of Prince Edward Island.

Where the application goes

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). Where the Probate Act and Rule 65 are silent, the general Rules of the Supreme Court apply.

Rule 65.11 says the petition must state the date of death, the deceased's marital status, and the name, age and address of each child. Gather that information early, since it goes into the petition itself.

Probate fees are scaled to probate value, which means 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 is excluded, so it does not increase the probate fee. The 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. Court filing fees generally follow the Court Fees Act and its regulations. What you would pay on a particular estate is worth confirming with the Estates Section.

The court forms and what they are for

FormWhat it is for
Form 65APetition for Probate
Form 65BPetition for Administration with will annexed
Form 65CPetition for Grant of Administration; it requires the petitioner to list the next of kin and heirs at law
Form 65DExecutor's Oath, sworn by the executor
Form 65KRenunciation of probate or of administration
Form 65ULetters Probate, the grant issued to an executor
Form 65WLetters of Administration with the Will Annexed

Which petition you use depends on your situation. With a will and an acting executor, that is generally Form 65A. Where there is a will but no executor acts, the grant is Letters of Administration with the Will Annexed. With no will, Form 65C requires you to list the next of kin and heirs at law and state the grounds of your right to administer.

Documents to gather

If you are the executor, you will also swear an oath on Form 65D. The exact supporting papers the court expects for your application are worth confirming with the Estates Section, because requirements can vary with the type of grant and the size of the estate.

Special situations

Tax papers and what to do next

Probate is not the only deadline. A final T1 return is due April 30 of the following year if death occurred January 1 to October 31, and six months after the date of death if it occurred November 1 to December 31. Different dates apply if the deceased or their spouse or common-law partner carried on a business. 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.

The legal representative should also determine whether a CRA clearance certificate is needed before distributing any property of the estate.

Frequently asked questions

Which form do I use to apply for probate in PEI?

A Petition for Probate is Form 65A, and the executor swears an oath on Form 65D. If there is a will but no executor acts, Letters of Administration with the Will Annexed issue, and the Petition for Administration with will annexed is Form 65B. On an intestacy, Form 65C, the Petition for Grant of Administration, requires the petitioner to list the next of kin and heirs at law.

Do I need the original will?

Whether the court needs the original will for your file is worth confirming with the Estates Section before you file. In the meantime, keep the will safe and unaltered, and avoid marking it or removing pages. A lawyer can also tell you how this applies to your situation.

Who can get a death certificate showing cause of death?

The Vital Statistics Division issues death certificates, and one showing cause of death is restricted to certain relatives such as a spouse, child, parent or sibling.

What details must the petition include?

Rule 65.11 says the petition must state the date of death, the deceased's marital status, and the name, age and address of each child. On an intestacy, Form 65C also asks for next of kin and heirs at law.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Prince Edward Island laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a lawyer who practises in Prince Edward Island. Reach us at 1-844-900-1070 or send our Team a message.

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