To file for probate in New Brunswick, you must submit a Petition for Letters Probate, the original will, a certified death certificate, an Affidavit of Execution, and a detailed inventory of the estate’s assets. Most executors hire a local law firm for $2,500 to $5,000 CAD to ensure the forms are perfectly drafted for the Court of King’s Bench.
When an individual passes away leaving a valid will, their named executor must often apply for a legal process known as probate. Probate is the Court’s official seal of approval, verifying that the will is authentic and granting the executor the unquestionable authority to access bank accounts, sell real estate, and manage the deceased’s assets. However, the court will not grant this power without extensive documentation.
In this guide, we will review the specific forms and documents required to file for probate in New Brunswick as of 2026. 🔍 The rules of the Probate Division at the Court of King’s Bench are highly strict, and even a minor typo can result in your application being rejected. Whether you are managing an estate in Moncton, Fredericton, or Saint John, organizing these documents early will save you massive amounts of time and stress.
Step-by-Step Process in New Brunswick
Filing for probate is heavily administrative. You are required to prove the validity of the will and provide a transparent snapshot of the deceased’s financial standing at the exact moment of their death.
Step 1: Locate the Essential Core Documents
Before filling out any court forms, you must gather the foundation of your application. 📁 You need the original last will and testament (photocopies are generally rejected unless you go through a complex separate hearing). You will also need the original or a certified copy of the Proof of Death Certificate, which is usually provided by the funeral home shortly after the service.
Step 2: Prepare the Petition and Affidavits
Your lawyer will draft the formal Petition for Letters Probate. This document introduces you as the executor and officially asks the court to validate the will. Alongside the petition, you must submit an Affidavit of Execution. This is a sworn statement from one of the witnesses who watched the deceased sign the will. If the will was drafted by a law firm, they usually have this affidavit securely attached to the back of the original document.
Step 3: Compile the Asset Inventory
The court requires a detailed and sworn Affidavit of Inventory. 💴 You must list all real estate, bank accounts, investments, and vehicles owned solely by the deceased in New Brunswick. You must provide the accurate fair market value of these assets as of the exact date of death. This inventory is critical because the court calculates its probate fees based directly on this total value.
Step 4: File at the Court of King’s Bench
Once all petitions, affidavits, and inventories are drafted, sworn under oath, and compiled, your lawyer will submit the entire package to the Probate Division of the Court of King’s Bench in the judicial district where the deceased lived. You must also submit a cheque to the Minister of Finance to cover the required probate fees.
How Much Does it Cost in New Brunswick?
Applying for probate carries mandatory provincial fees, often referred to as an estate tax, alongside professional fees. 💵 You do not pay these out of your own pocket; they are paid from the deceased’s bank accounts once you have access.
- Court Probate Fees: New Brunswick charges fees on a sliding scale based on the estate’s value. Small estates pay a low flat fee, while larger estates pay a percentage. For example, an estate worth several hundred thousand dollars will incur thousands in mandatory court fees.
- Law Firm Fees: The legal process of drafting the affidavits and handling the court clerks typically costs between $2,500 and $5,000 CAD.
- Asset Valuations: If the deceased owned complex assets, such as a business or a unique property, you may need to hire a professional appraiser, which generally costs $300 to $1,000 CAD.
| Document / Service | Description | Estimated Cost (CAD) |
|---|---|---|
| Probate Filing Fee | Provincial fee based on the inventory value | Variable based on estate size |
| Legal Representation | Lawyer drafting the Petition and Affidavits | $2,500 – $5,000+ |
| Death Certificate | Certified copies from the funeral home | $15 – $30 per copy |
How Long Does the Process Take?
The time it takes to prepare the forms depends on how organized the deceased’s finances were. 📅 Ordering bank statements and property assessments to complete the inventory can take 3 to 6 weeks. Once your lawyer physically files the perfect, completed package at the Court of King’s Bench, the court clerks generally take 4 to 8 weeks to review the file, stamp the will, and issue the official Letters Probate. If the forms contain errors, the court will return them, causing further delays.
Frequently Asked Questions (FAQ)
What happens if I cannot find the original will?
If you only have a photocopy, you cannot use the standard forms. Your lawyer must file a special motion asking a judge to accept the copy. You will have to prove that the original was lost by accident and not intentionally destroyed by the deceased.
Are jointly owned assets included in the probate forms?
Generally, no. Assets owned jointly with a right of survivorship (like a joint bank account with a spouse) pass directly to the surviving owner outside of the will. They are usually excluded from the probate inventory and do not incur probate fees.
What if one of the witnesses to the will has died?
If the will did not already have an Affidavit of Execution attached and both witnesses are deceased or cannot be found, you will need to find someone who can swear an affidavit recognizing the deceased’s handwriting and signature.
Do I have to go to the courthouse in person?
Usually, no. If you hire a local law firm, they will handle the physical filing and communication with the Court of King’s Bench. You simply sign the sworn affidavits at your lawyer’s office.
Leave a Reply