What is probate?
Probate is the court process of confirming a will's validity and formally appointing the executor to deal with the estate's assets. In Saskatchewan, the court issues a document called Letters Probate when there is a will, or Letters of Administration when there is no will or no executor willing to act. Once granted, these documents give the executor or administrator the legal authority to deal with the deceased's assets.
For more detail on what the process involves, see the probate and estate administration page.
When probate is typically required
Probate is usually required when the estate includes:
- Real estate owned solely in the deceased's name (not jointly with a surviving owner)
- Substantial assets held in the deceased's name alone, such as bank accounts or investments
- Assets where the institution holding them requires a court grant before releasing funds
Each institution has its own threshold. Ask the bank, investment firm, or land titles office what it requires before releasing or transferring assets.
When probate may not be needed
Probate may not be required when:
- The estate is small and the institutions holding the assets are willing to release them without a court grant
- Assets were held jointly with a right of survivorship (such as a jointly owned home or joint bank account)
- Assets had a named beneficiary (such as life insurance or registered investments like RRSPs or TFSAs)
Even if probate is not required, the executor still has responsibilities — including filing any final tax returns and distributing the estate according to the will.
What if there is no will?
If the deceased did not leave a will, a family member or interested party can apply to the court for Letters of Administration. The process is similar to probate but involves additional steps. If the deceased had a will prepared by a lawyer, the original will is usually required for the probate application.
What to expect during probate
The probate process in Saskatchewan typically involves:
- Locating the original will and identifying the executor
- Gathering information about the estate's assets and debts
- Preparing and filing court documents
- Paying court fees based on the size of the estate
- Distributing the estate once the grant is issued and debts are settled
Common questions about probate in Saskatchewan
Court fees for probate are set by the province and depend on the size of the estate. Legal fees for assistance with the process are discussed before anything is confirmed.
Timelines vary depending on the complexity of the estate and court processing times. A consultation can give you a more realistic sense of what to expect for your situation.
You are not legally required to use a lawyer for probate, but legal guidance can help ensure the process is done correctly and completely, especially for larger or more complex estates.
If the deceased owned real estate in another province, you may need to deal with that province's court system as well. This is called obtaining ancillary probate.