How to Apply for Probate (NT)

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).

NT Application Process

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

1. Probate Application: In the Northwest Territories, start by submitting an application to the court: see application details ↧
   • Prepare a Probate Cover Sheet (Form 1).
   • Fill out an Application for Grant (Form 6). Select Probate if there is a will and you are named executor, Administration if there is no will, or Administration with Will Annexed if there is a will but it does not name you as executor.
   • If there is a will, include the original will and Schedule 2 - Will (Form 9).
   • If there is a will, but you do not have a notarized "self-proving affidavit", it may be helpful to attach an Affidavit of Witness to Will (Form 10) from one or more of the original will witnesses.
   • If there is no will, or the will does not name you as first choice among executors (still living), it may be helpful to attach a renunciation from anyone with equal or higher priority,
     • If the person is named in the will as an executor, use Renunciation of Probate (Form 20).
     • If there is a will, but the person is not named as an executor, use Renunciation of Administration with Will Annexed (Form 21).
     • If there is no will, use Renunciation of Administration (Form 25).
   • Include the following forms:
     • Affidavit in Support of Application for Grant (Form 7).
     • Schedule 1 - Deceased (Form 8).
     • Schedule 3 - Personal Representatives (Form 11).
     • Schedule 4 - Beneficiaries (Form 12).
     • Schedule 5 - Value of Estate (Form 13).
   • Save $$: If you do not reside in NT, you may wish to avoid probate bond costs by attaching a Consent to Waive Bond (Form 39) from each person who will inherit (see Probate Bonds).
   • Attach an official copy of the death certificate or the funeral director’s statement of death.
   • See also Estate Administration Rules, NWT Reg 123-2016 Rule 14.
2. Notice of Probate: In the Northwest Territories, if the estate will go through probate, after you submit your application to the court, you must notify a number of interested persons at least 10 days before the scheduled application hearing (30 days before, if the person is not a resident of NT):
   • Send a Notice to Beneficiaries - Residuary (Form 14) to anyone who will inherit a percentage of the residuary estate due to the will.
   • Send a Notice to Beneficiaries - Non-Residuary (Form 16) to anyone who will inherit only a bequest according to the will.
   • Send a Notice to Beneficiaries - Intestate (Form 27) to anyone who will inherit because there is no will.
   • Send a Notice to Spouse (Form 18) if there is a surviving spouse.
   • Send a Notice to Dependant (Form 19) to any dependant of the decedent (see form for rules).
   Submit an Affidavit of Service (Form 15) to the court. See Estate Administration Rules, NWT Reg 123-2016 Rule 27 and Rules 56-8.
3. 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.
4. 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.
5. Objections: Note that interested parties have the right to legally challenge your application (before your official appointment, or even afterwards).
6. 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 the Northwest Territories, the Supreme Court based in Yellowknife handles probate and estate administration (see Court Registries for contact information).

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