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.

There are a number of documents that 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. For holograph wills, an affidavit attesting to the handwriting of the testator is required instead.
• 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. The application is attached as an exhibit to the affidavit.
• 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. This document is only required if there are beneficiaries under the age of 18 or dependant adults with an interest in the estate.
• Renunciation of Probate. This document is required if any executors named in a Will do not want to act. Each one that does not 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.

You can request that a certificate that there are no minors with an interest in the estate be issued with Letters Probate. This document provides proof to anyone who may need it that no minors have a claim to property in the estate. It is used when transferring title of any land to the estate.