Probate is the legal process by which a court confirms a Will is valid and grants the Executor authority to administer the estate. In Nova Scotia, probate is handled by the Supreme Court (Probate Division).
When Is Probate Required?
Probate is generally required when the estate includes real property registered in the deceased's name alone, or when a financial institution requires it before releasing funds. It is not required for assets passing outside the estate — jointly held property, and accounts or insurance with named beneficiaries.
The Probate Application
To apply, the Executor files the original Will, an Affidavit of Executor, an inventory of estate assets, and the probate fee. Once satisfied, the court issues a Grant of Probate — the document used to deal with banks, Land Registry, and investment institutions.
Probate Fees
Nova Scotia charges probate fees based on the gross value of the probatable estate, calculated as a percentage under the Probate Act. For larger estates this can represent a significant cost. Assets that bypass the estate are not subject to these fees.
The Affidavit of Execution
A Will prepared through Worry Free Will includes a notarized Affidavit of Execution — a sworn statement confirming the Will was properly signed and witnessed. This eliminates the need for the probate court to locate a witness to verify execution, which can meaningfully speed up the process.
Timeline
Straightforward applications typically take several weeks to a few months. Contested Wills or incomplete documentation can extend this considerably.