- 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
| Form | What it is for |
|---|---|
| Form 65A | Petition for Probate |
| Form 65B | Petition for Administration with will annexed |
| Form 65C | Petition for Grant of Administration; it requires the petitioner to list the next of kin and heirs at law |
| Form 65D | Executor's Oath, sworn by the executor |
| Form 65K | Renunciation of probate or of administration |
| Form 65U | Letters Probate, the grant issued to an executor |
| Form 65W | Letters 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
- The original will, kept safe and unaltered, if there is one.
- A death certificate. These are issued by the Vital Statistics Division, and a certificate showing cause of death is restricted to certain relatives such as a spouse, child, parent or sibling.
- Names, ages and addresses of the deceased's children, and the date of death and marital status.
- For an intestacy, a list of next of kin and heirs at law.
- A list of the deceased's assets and debts, with approximate values.
- Your own identification and contact details.
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
- Another executor will not act: they may file a renunciation on Form 65K.
- A named executor does not take out probate: if an interested party gives thirty days' notice requiring them to do so and they still fail, letters of administration with the will annexed may be granted instead.
- The estate was already probated elsewhere: an ancillary grant issues under Rule 65 on application and payment of prescribed fees, and a foreign administrator's nomination uses Form 65YY.
- Nobody entitled or willing to administer: the Provincial Administrator of Estates Act governs the Provincial Administrator's role.
- Intestacy where no letters have issued: a person interested must first cite those with a prior right to accept or refuse administration.
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.
- Order death certificates from the Vital Statistics Division.
- Locate the original will and keep it safe.
- Collect family details required by Rule 65.11.
- Choose the correct petition form.
- Call the Estates Section or a lawyer to confirm supporting papers.
- Note the tax dates and ask about a clearance certificate.
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
- PEI Supreme Court – Rule 65 Estates of Deceased Persons — courts.pe.ca
- PEI Supreme Court – Form 65D Executor's Oath — courts.pe.ca
- PEI Supreme Court – Form 65C Petition for Grant of Administration — courts.pe.ca
- PEI Supreme Court – Form 65U Letters Probate — courts.pe.ca
- Probate Act, RSPEI 1988, c P-21 — princeedwardisland.ca
- PEI Supreme Court – Form 65K Renunciation — courts.pe.ca
- PEI Supreme Court – Form 65YY — courts.pe.ca
- PEI Supreme Court – Rule 58 — courts.pe.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
A single will with us is from $631.35, tax included. Third-party fees are extra.