Which Assets Avoid Probate in New Brunswick, and Which Don't?

Many families hope that some of the deceased's property can be dealt with without going through the Probate Court. That is sometimes true, but the answer depends on how each asset was held, not on what kind of asset it is.

This article explains what counts as the estate, how to sort assets into groups, and what to expect when you ask a bank or other institution to release funds.

This article covers the law of New Brunswick.

Start with what is in the estate

On death, real and personal property of the deceased vests in the personal representative, whether an executor or an administrator, notwithstanding any will. That is the starting point for property the deceased owned in their own name.

Before a grant is issued, the applicant must file a sworn statement of the total value of the estate. The Court's checklist also lists a detailed inventory and a copy of the death certificate. Sorting assets early makes that statement more accurate.

Groups of assets to sort and check

Some property may not belong to the estate because of how it was held or because of a name already on the document. The rules for each kind of asset can differ, so the safest approach is to ask what the paperwork actually says.

For joint ownership and named-beneficiary assets in particular, how they are treated depends on the documents and the facts, so get the institution's written position and have a lawyer confirm it.

Will banks release funds without a grant?

For assets in the deceased's name alone, third parties dealing with property will usually ask for proof of the personal representative's authority. That proof is normally a grant of probate or administration. Each bank or institution sets its own requirements, so ask what documents it needs before you assume anything.

Some smaller situations are treated differently. Where the probate value of the estate does not exceed $25,000, the Public Trustee may administer after filing an affidavit with the Registrar, and does not need to be appointed by the Court. Property not dealt with by the personal representatives within two years after death vests in those entitled without a conveyance, whether or not a grant has been taken out.

Why the grouping matters for fees and tax

Probate tax is charged on the estate, or the part of it being administered. It is $200 if the estate does not exceed $20,000, then $200 plus $5 per $1,000 or part over $20,000 up to $100,000, and $600 plus $15 per $1,000 or part over $100,000. Those revised rates apply to applications filed on or after June 12, 2026.

The value is that of the whole estate, including real property, but for real property the actual value of any encumbrance such as a mortgage is deducted. Assets that are not part of the estate would not form part of that calculation, which is one reason to sort them correctly.

Assets outside the estate can still matter for taxes. A representative who distributes assets without a clearance certificate from the CRA can be held personally liable for tax owing.

What to do next

• Make a list of every asset and how the title or account is set up.
• Collect statements, policy documents and plan documents showing any named beneficiary or co-owner.
• Ask each institution in writing what it needs to release funds.
• Gather the death certificate, which is $45 in person or by mail and $40 online through Vital Statistics.
• Do not distribute anything until you know what taxes and debts are owing.
• Have a lawyer confirm which assets are inside and outside the estate before you file the sworn value.

Frequently asked questions