Probate for Small SK Estates

Courthouse for estate probate

In Saskatchewan, small estates worth <$25,000 can avoid probate.

Requirements

A Saskatchewan estate qualifies as "small" if:

  • The value of the personal property is <$25,000
  • The estate contains no real property (i.e., real estate)

In calculating estate value, you should value assets as of the date of death, and ignore any debts. Do not include assets that would not normally go through probate, such as property with rights of survivorship, assets with named beneficiaries (e.g., RRSPs, life insurance policies), and other standard probate exclusions.

Small Estate Process

If the estate qualifies as small, you can avoid probate as follows:

  1. Submit a Application in Small Estates Memorandum to the Judge (Form 16-36) to the court (there is no requirement for any notices)
  2. The court will return to you an court Order that estate property to be turned over to you for proper disposition
  3. In accordance with the Order, pay reasonable expenses and resolve debts, then distribute any remaining net assets in accordance with the terms of the will or intestate succession if there is no will (you may want to be mindful of any Family Entitlements)
  4. If you get a receipt from the recipient of estate proceeds, you will be absolved any liability with respect to those proceeds

Court

In Saskatchewan, the Court of Queen's Bench handles probate and estate administration (find your probate court location).

For statute details, see The Administration of Estates Act, SS 1998, c A-4.1, s 9 and The Administration of Estates Regulations, RRS c A-4.1 Reg 2, s 8.2.

See also General Probate.

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