Letters Probate

Letters Probate may not always be needed. If the deceased left any real property they are needed. They are also needed if an institution, such as a bank, requires them before they release funds to the executor for distribution.

The court requires several documents before granting Letters Probate. These documents must be sworn before someone who can receive an oath. This can be the lawyer who prepared the Will or any other Commissioner for Oaths. You can find one by looking through the phone book, online directories or checking with the courthouse.

The following documents must be filed with the court before Letters Probate can be issued...

• Affidavit of Execution of Will with Original Will Attached. One of the witnesses to the Will must swear an affidavit stating that they witnessed the testator's signature. If neither witness can be located, the court may accept proof by analysis of the signature of the testator or one of the witnesses.
• Application for Grant of Probate. This includes information about the deceased and beneficiaries, the date of death and a request for probate of the Will.
• Affidavit of Executor. This is a document sworn by the executor that requests probate from the court. It contains promises by the executor to properly administer the estate.
• Statement of Property. This is a statement which outlines in detail all the known assets of the deceased, including their value at the date of death. It also includes a statement describing and estimating value of property of the deceased that does not form part of the estate. This could be things like jointly owned property and items payable to a named beneficiary under particular documents, such as life insurance policies, RRSP's and annuities.
• Notification to the Public Guardian and Trustee that there are beneficiaries under the age of 18 or dependant adults with an interest in the estate (if applicable).
• Certificate that there are no persons under 18 years with an interest in the estate (if applicable).
• Renunciation of Probate (if applicable). If any executors named in a Will do not want to act, they must complete this form.

Documents and required fees must be submitted for filing with the registrar of the court. A judge will review all the documents and grant Letters Probate if everything is in order. Although there is no requirement, in many cases a lawyer's assistance will be helpful to probate the Will.