How to Apply for Probate (NS)

Application Types

While the term "probate" is commonly used to refer to the court-supervised process of estate settlement (whether or not there is a will), technically speaking, "probate" refers to the submission of a will to the court for review, after which an estate goes through "administration". If there is no will, the estate just goes straight to "administration".

Consequently, in your initial application to the court, most provinces require you to explicitly specify one of the following application types:

• Administration (if the decedent died without a will)
• Administration with Will Annexed (if there is a will, but it does not name you as executor)
• Probate (if there is a will and it names you as executor... in this case, the term "probate" is shorthand for probating the will and then administering/settling the estate)

Some provinces have separate forms for each of these types of applications, while others use simple checkboxes within a common application form (and some don't provide forms at all, leaving it up to you).

NS Application Process

There are several steps you must take to obtain the court's permission to represent and manage a NS estate.

1. Probate Application: In Nova Scotia, start by submitting an application to the court: see application details ↧
   • If there is a will that names you as an executor,
     • Submit an Application for Grant of Probate (Form 8).
     • If will does not name you as first choice among executors (still living), it may be helpful to attach a Renunciation of Right to Probate (Form 12) from anyone with equal or higher priority than you.
     • Attach a Grant of Probate (Form 20) for the court to sign.
     • See also Official Checklist for Grant of Probate.
   • If there is a will but it does NOT name you as an executor,
     • Submit an Application for Grant of Administration (Form 9).
     • Attach a Renunciation of Right to Probate (Form 12) from anyone the will named to serve, and a Renunciation of Right to Administration with Will Annexed (Form 14) from anyone with a priority equal or higher than yours.
     • Attach a Grant of Administration (Form 21) for the court to sign.
     • See also Official Checklist for Grant of Administration with Will Annexed.
   • If there is no will,
     • Submit an Application for Grant of Administration (Form 9).
     • Attach a Renunciation of Right to Administer (Form 13)
     • Attach a Grant of Administration (Form 21) for the court to sign.
     • See also Official Checklist for Grant of Probate.
   • If there is real property in the estate, attach a Land Registry Form 24 if it is registered in the current system; otherwise attach a Land Registry Form 44.
   • If there is a will, but you do not have a notarized "self-proving affidavit", it may be helpful to attach an Affidavit of Execution of Will (Form 2) from one or more of the original will witnesses.
   • Attach the will (if it exists), and an official copy of the death certificate or the funeral director’s statement of death.
2. Probate Hearing: The court will hold a hearing to officially consider and approve your application. Often this hearing is just a formality, and you may not need to attend at all.
3. Probate Bond: If required by the court, you must obtain a probate bond to protect the estate from any losses you may cause (up to a certain dollar amount). Requirements for such a bond can depend on jurisdiction, whether there is a will, size of estate, whether you reside in the same province, and other factors. See Probate Bonds for advice on how to potentially avoid the need fo such a bond.
4. Objections: Note that interested parties have the right to legally challenge your application (before your official appointment, or even afterwards).
5. Letters: Once the court approves your application, you will receive your "Letters", which are certified documents you can use to prove your authority to third parties. If you applied for "probate", you will officially be known as the "executor" of the estate. If instead you applied for "administration", you will be known as the "administrator". Many provinces also use the term "personal representative" to cover both cases, sometimes deprecating the uses of the more precise terms.

If you'd like, friendly and experienced EstateExec personnel can fill out your probate application forms for you: see Probate Form Service. If you just want answers to a few legal questions, you can talk to an experienced lawyer for a surprisingly modest fee – see Have a Question?

In Nova Scotia, the local Probate Court handles probate and estate administration (see courthouse locations).

In case you're interested, instructions for probate application in other provinces can be found here: