How to Apply for Probate in Nova Scotia: Steps and Deadlines

Example: Hugh and Bernadette, both in their seventies, are updating their wills at the dining-room table in their Wolfville bungalow. Their son lives in Halifax and their daughter in Sydney, and Bernadette wonders aloud whether it matters which of them they name as executor, given where the court paperwork would end up. Hugh has the Probate Court regulations open on his tablet and finds the answer in a section about districts: what generally decides the probate district is where the person who died had lived during their last 2 or more years, not where the executor lives.^[NaN] They name their daughter for other reasons entirely, and stop worrying about the drive.

Their question is a practical one, and Nova Scotia's probate system is full of practical steps like it. What follows tracks the Probate Court regulations and the court's own checklist, in roughly the order an executor meets each step. Where Nova Scotia fits in the larger picture is covered in our nine-step walkthrough of Canadian probate.

Where the application goes #

Probate in Nova Scotia is handled district by district. Section 10(1) of the Probate Court Practice, Procedure and Forms Regulations deems the probate district where the deceased lived at death to be the one where they lived during the last 2 or more years of life; outside that situation, the registrar decides.^[NaN]

The court's checklist then describes the logistics plainly: "Contact Probate Court and arrange for an appointment."^[NaN] That appointment is where the application and its supporting papers are brought in.

What goes with the application #

The application itself is Form 8, the Application for a Grant of Probate, according to the checklist.^[NaN] Section 36 of the regulations lists what accompanies it:

• the original will, exhibited to an affidavit proving its execution (Form 2, or Form 2A for a holograph will);
• proof of death satisfactory to the registrar;
• a renunciation in Form 12 from each living person named as an executor who is not joining the application;
• the security required under the Act, if any; and
• payment of the probate tax, along with any other material the registrar directs.^[NaN]

The tax amounts are covered in our Nova Scotia probate fees article, and the probate fee calculator gives an estimate. The forms themselves are listed on the province's regulations page, which is the place to download current versions.

The witness affidavit, if it was not done at signing #

Many wills are signed without the witnesses swearing an affidavit at the same sitting. The checklist covers that gap. If Form 2 has not been completed, it says to contact one of the two witnesses and have them sign Form 2 with the original will attached as Exhibit "A", at Probate Court or before a lawyer or notary public.^[NaN]

Hugh and Bernadette took the hint from that line. When they re-signed, they arranged for their witnesses to complete the affidavit too, so their executor would not have to track anyone down later. For background, our affidavit of execution explainer sets out the document's purpose, and our guide to holograph wills covers wills written entirely by hand, which use Form 2A.

Security, when it is required #

Not every estate needs security, but where the Act requires it, s. 42 of the regulations sets out what it can be: a guarantee-company bond (Form 18), a personal bond with an affidavit of justification (Form 19), or letters of credit from a financial institution acceptable to the registrar or other security the registrar accepts. It is made to the registrar and generally equals 1.5 times the value of the estate.^[NaN]

Whether security is needed in a given estate turns on the Act and the circumstances, so it is a point to raise with the registrar if it is unclear.

After the grant: two short deadlines #

The grant is not the end of the paperwork. Under s. 44 of the regulations, the personal representative serves notice of the grant within 30 days after it is issued, on everyone who is or may be entitled to share in the estate, using the form that fits each person (Forms 24 to 27). Proof of service, in Form 28, is filed within 60 days after the grant. The registrar may extend both times.^[NaN]

The checklist adds that service can be by registered mail, personal service, or service on a lawyer authorized to accept it for the person.^[NaN]

The inventory, advertising and creditors' claims #

Section 45(1) of the regulations, referring to s. 57 of the Probate Act, requires the inventory of the deceased's property to be filed in Form 29 within 3 months after the grant.^[NaN] The checklist repeats the same deadline.^[NaN]

The estate is also advertised in the Royal Gazette, with the request made upon issuance of the grant (s. 47).^[NaN] Creditors and claimants file their claims in Form 32 and serve them on the personal representative within the advertising period (s. 48(1)).^[NaN] On timing, the court's checklist says that "after the estate has been advertised for six months" and the representative is ready to complete the accounting, they contact the court to pick up the checklist and forms for passing the estate's accounts.^[NaN]

Tax clearance before closing out #

One more step appears in the court's checklist: obtain the Canada Revenue Agency tax clearance certificate and file it at Probate Court.^[NaN] It is one of the items that sits between the grant and the final accounting.

The deadlines in one place #

Pulled together, the time limits an executor generally works to after a Nova Scotia grant look like this:

The first two can be extended at the registrar's discretion (s. 44(3)).^[NaN] The six-month figure comes from the court's checklist rather than from the regulations, and it marks when the accounting stage can begin, not a deadline to finish by.^[NaN]

None of these clocks starts until the grant issues. Before that point, the work is mostly gathering: the original will, a death certificate, the witness affidavit, any renunciations, and the information needed for the inventory. An executor who keeps a simple log of what was served on whom, and when, will find the Form 28 affidavit far easier to complete.

Making the eventual application simpler #

Several of these steps get easier when the person making the will plans for them: an affidavit of execution sworn while the witnesses are close at hand, an executor who knows where the original will is, and a list of who is entitled to share so notices can go out within the 30 days. Our Nova Scotia will guide covers the signing rules, and the Nova Scotia will page gathers the basics.

If you are ready to take the first of those steps yourself, you can begin your will with It's Simple Will.