Letters Probate formally recognize that a Will is valid and that an Executor is entitled to deal with the estate.
Letters Probate may not always be needed. If the deceased left any real property they are needed. Other than that they are needed if the institution, such as a bank, requires them before they release funds to the Executor for distribution.
There is an Application for Probate package available from the Courts of Saskatchewan. This package has the forms you need to apply for Letters Probate and shows how they should be filled out. The package can only be used when there is a Will that names an Executor and the Will was witnessed by two people. Information kits may also be available at your nearest Court of Queen's Bench.
The Court requires several documents before granting Letters Probate. These documents must be signed before a Commissioner for Oaths. In Saskatchewan, lawyers are also Commissioners for Oaths. If a lawyer has prepared the documents, their signature will be sufficient. If someone other than a lawyer has prepared the documents, you can find a Commissioner for Oaths by looking through the yellow pages of 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...
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 needed to probate the Will.
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