It is not necessary to Probate many estates. Probate is the process of having the Court essentially babysit the administration of an estate.

 Goal of Probate is to Ensure Estate is Handled Correctly

The goal of the Probate process in Nova Scotia is to ensure that any potential beneficiary or creditor is notified such that they have the opportunity to oppose the appointment of the personal representative or the validity of the Will (or sections of the Will). It also ensures that the beneficiaries have an opportunity to see a formal inventory of the estate and approve an accounting of the full handling of the estate. 

Many Institutions require Probate

Many institutions (Life insurance companies, banks, stock companies, Registry of Motor Vehicles, Registry of Deeds) don’t want to be responsible for determining whether the person they are dealing with is the rightful administrator of the estate or whether the Will that person is presenting them is valid or not. They rely on the Probate Court to do that. 

 So, if you don’t think you’ll need to interact with any of those institutions that require you to prove you have the right to administer the estate, you probably don’t need to Probate the estate at all.  On the flip side of that, if you know the estate has assets held or registered by such an institution, you will have to Probate the estate. 

Beneficiaries can Insist on Probate

In some cases, the beneficiaries may insist that the estate be Probated so they can be sure the estate is being handled correctly, but if the beneficiaries agree and no one is insisting on you providing proof of a Grant of Probate then you can skip Probate altogether.  This frequently happens when an elderly person dies, often in a nursing home, and their estate consists of nothing more than a meagre wardrobe and a few personal items like books and a tv. 

Governing Law: Probate Act & Intestate Succession Act

Probating an estate in Nova Scotia is governed by the Probate Act, often in conjunction with the Intestate Succession Act, which applies if a person dies without a valid Will. 

First Step is to Apply to be the Personal Representative

If Probate is required, the first step is to apply to the court for a Grant of Probate (if there is a valid Will, with a living appointed executor), Grant of Administration (if there is no valid Will) or Grant of Administration with Will Annexed (if there is a valid Will, but no living executor appointed and willing to Act).

If you have more questions about the Probate Process in Nova Scotia or how to Administer an Estate if you the executor or personal representative, check out our other blogs on the topic:

DO I NEED TO PROBATE MY ESTATE?

A REAL-LIFE HORROR STORY – HE DIED WITHOUT A WILL

WHO GETS IT WHEN YOUR GONE? DEALING WITH YOUR HOME IN NOVA SCOTIA WHEN YOU PASS AWAY

WILL THE PUBLIC TRUSTEE IN NOVA SCOTIA HELP ME PROBATE AN ESTATE?

WHAT HAPPENS TO MY HOUSE IF I DIE WITHOUT A WILL IN NOVA SCOTIA?

WHAT IS PROBATE IN NOVA SCOTIA?

If you have any questions Probate in Nova Scotia, you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Issue Review Consult for $250+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain us.

By: Dianna M. Rievaj, MBA, LLB - Founding Lawyer

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers