What Does an Executor Do in Nova Scotia? Duties Explained

Being named executor can feel like a lot of responsibility. The role is a series of practical steps, and knowing the order helps.

This article walks through the job in Nova Scotia from start to finish. Your situation may differ, so a lawyer can confirm what applies to you.

This article covers the law of Nova Scotia.

Do you have to accept the role?

You can decline. An executor renounces by completing Form 12 or another method satisfactory to the registrar, and the regulations set no deadline. If you have already acted in the estate, you may be treated differently, so confirm with the registrar before taking any step.

Someone wanting to force a named executor to accept or refuse may apply to court by citation, but generally not until at least 20 days after the testator's death.

Getting authority and starting the estate

Property registered solely in the deceased's name cannot be transferred to beneficiaries without court approval. The Probate Court gives the executor the legal authority to transfer it out of the estate. Probate is not always needed for every asset, though. For assets with a named beneficiary or joint owner, an executor may only need probate if the asset holder asks for it to prove authority, and that request is usually made only for sole-name assets. Land held as a joint tenant passes by survivorship without a grant.

• Apply for the grant of probate using Form 8 (or 8A).
• Include the original will with proof of execution, proof of death and the probate tax.
• Serve notice of the grant (Forms 24 to 27) within 30 days on each person who is or may be entitled to share, with proof of service (Form 28) within 60 days.
• File a full inventory in Form 29 within 3 months.

Applications are dealt with by a Registrar of Probate for the district, and contested matters go to a judge. Since April 1, 2024, a filer must include the original will as an exhibit to an affidavit. If an application or required material is incomplete, the registrar may issue a notice of rejection in Form 17 by ordinary mail.

The estate is valued as of the date of death. Personal property counts at its gross value, and real property counts at fair market value less registered mortgages and encumbrances. Real property outside Nova Scotia, real property held in joint tenancy and insurance are left out of the value of assets passing under the will on Form 8.

The personal representative represents the deceased for real property as well as personal property and holds land as trustee for those entitled. With two or more personal representatives, land dispositions need all to concur or a Supreme Court order.

Debts, creditors and distribution

The estate must be advertised in the Royal Gazette for six months, after which the estate can move to distribution. Form 31 is the request for the Royal Gazette advertisement, and creditors file a Notice of Claim (Form 32) in that period.

If no claim is filed, or enough assets are kept back to cover filed claims, no action lies against the representative for paying debts and distributing. Distributing earlier risks personal liability for unpaid claims. A representative who distributes to people whose claim or address they had no notice of is not liable for those proceeds.

After 12 months from the grant, or longer if the court allows, claims presented must be paid and distribution made. A creditor who misses the advertising period may claim only with the court's prior consent.

Family members may also have claims. An application under the Testators' Family Maintenance Act generally cannot be brought after six months from the grant, subject to an extension. A surviving spouse's application to divide matrimonial assets must also be made within six months after the grant, though the court may extend that where the survivor did not know of the grant or lacked adequate opportunity.

Records, accounts and commission

Keep accurate records of all property and debts of the estate. You must apply to pass accounts within 18 months of the grant unless the court orders a longer period. Accounts must also be passed when you are seeking a discharge or when the court orders it. Accounting may be dispensed with using Forms 37 and 38 and a release (Form 36) from beneficiaries.

Passing accounts uses Form 39 (with a hearing) or Form 40 (without a hearing), and your affidavit (Form 43) is filed not less than 10 days before the passing date.

A beneficiary who objects files a Notice of Objection (Form 42); without one they are treated as consenting. A commission may be allowed beyond expenses, not exceeding five percent of the amount received, and the court sets it. It covers all of the personal representative's services in completing administration. A fee in the will generally replaces the statutory commission unless the executor renounces it in time. A fee agreement outside the will binds neither the court nor beneficiaries.

An appeal from a registrar's decision must be started not later than 30 days after the decision or order.

What to do next

• Decide whether to accept or renounce before acting in the estate.
• Keep the original will safe and gather proof of death.
• Open a record of all assets, debts and payments.
• Diarize the 30-day, 60-day, 3-month and 18-month dates.
• Speak with a lawyer before distributing, or if a dispute arises.

Frequently asked questions