- Probate is the Probate Court's approval that gives an executor legal authority to deal with property held only in the deceased's name.
- Not every asset needs a grant: land held as joint tenants passes by survivorship, and some assets with a named beneficiary or joint owner may not need one.
- Once a grant is issued, the estate is advertised in the Royal Gazette for six months before it can move to distribution.
When someone close to you dies, the word probate comes up quickly, often before you know what it means. In plain terms, it is the court process that confirms who has the authority to manage and distribute the deceased person's estate.
Whether you need it depends on what the person owned and how it was held. This article explains what the Nova Scotia Probate Court does, when a grant is usually needed, and when it may not be.
This article covers the law of Nova Scotia.
What probate means in Nova Scotia
Property registered only in the deceased's name cannot be transferred to the beneficiaries without court approval. The Probate Court gives the executor the legal authority to move that property out of the estate.
Applications are dealt with by a Registrar of Probate for the district, and the estate records are kept at the Registrar's office in each district. If a matter is contested, it goes to a judge.
Applications are made on court forms. Form 8 (or 8A) is the application for a grant of probate, Form 9 (or 9A) is for a grant of administration, and Form 10 (or 10A) is for administration with will annexed. Which form fits depends on whether there is a will and who is able to act, so it is worth confirming the right one with a lawyer or the registrar before you file.
When a grant is usually needed
A grant is generally required to sell or transfer land in the deceased's name, and it is filed with the Land Registration Office when the land is transferred. Other property registered only in the deceased's name also cannot be transferred to the beneficiaries without court approval. Where an asset has a named beneficiary or a joint owner, a grant may only be needed if the holder asks for it, and that request is usually made only for sole-name assets.
The personal representative stands in the deceased's place for real property as well as personal property, and holds land as trustee for the people entitled to it. If there are two or more personal representatives, dealing with land needs all of them to agree, or an order of the Supreme Court.
When you may not need probate
Land held as a joint tenant passes by survivorship without a grant. For assets that have a named beneficiary or a joint owner, an executor may only need probate if the asset holder, such as a bank, investment company or insurer, asks for it to prove authority. That request is usually made only for sole-name assets.
| How the asset is held | Is a grant usually needed? |
|---|---|
| Land in the deceased's name alone | Generally yes |
| Land held as joint tenants | No, it passes by survivorship |
| Asset with a named beneficiary or joint owner | Only if the holder asks for it |
| Other property in the deceased's sole name | Usually yes, to give the executor authority |
Each institution sets its own requirements, so ask the holder what it needs before assuming either way.
What happens once a grant is issued
- Notice of the grant must be served within 30 days on each person who is or may be entitled to share in the estate, with proof of service due within 60 days, though the registrar may extend these times.
- A full inventory is filed in Form 29 within 3 months, and its affidavit adjusts the probate tax with no change, an additional payment or a refund.
- Advertising in the Royal Gazette is a statutory requirement for every estate, runs six months, and then the estate can move to distribution.
- Creditors file a Notice of Claim (Form 32) within the six-month advertising period.
Distributing too early is risky. If you advertise for the six months and no claim is filed, or you keep enough assets to cover the claims that were filed, no action lies against you for paying debts and distributing, but 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.
What to do next
- Find the original will, since the original must be filed as an exhibit to an affidavit when you apply.
- List every asset and how it is held: sole name, joint, or with a named beneficiary.
- Ask each bank, insurer or investment company whether it requires a grant.
- Gather proof of death and the other required documents before you apply.
- Speak with a lawyer if the estate has land, debts, a disputed will or family disagreement.
Frequently asked questions
Is probate always required in Nova Scotia?
No. Land held as joint tenants passes by survivorship without a grant. For assets with a named beneficiary or joint owner, probate may only be needed if the asset holder asks for it.
Who decides whether a grant is issued?
Applications are dealt with by a Registrar of Probate for the district, and contested matters go to a judge.
Do I need the original will?
Yes. Since April 1, 2024, a filer must include the original will as an exhibit to an affidavit when applying.
How long before the estate can be distributed?
The Royal Gazette advertisement runs six months, after which the estate can move to distribution. Distributing earlier risks personal liability for unpaid claims.
Sources
- Courts of Nova Scotia – Probate Court — courts.ns.ca
- Probate Court Practice, Procedure and Forms Regulations — novascotia.ca
- Probate Act, SNS 2000, c 31, s. 63 and following — nslegislature.ca
- Courts of Nova Scotia – Dealing with an Estate at Probate Court — courts.ns.ca
- Service Nova Scotia – After the loss of a loved one — novascotia.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
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