What is a Grant of Probate? 

Probate means official recognition by a court that the Executors have the right to adminster the deceased’s estate according to the terms of the will, and that the executors have title to the assets of the deceased, which passed to them as Executors. For a Grant of Probate to be made, there must be a will of the deceased in existence.

When a person dies leaving a Will and there is no dispute that the will is the last will of the deceased, probate will be granted when certain documents are filed in the registry of the Supreme Court. If some dispute arises  about the will, a court may be asked to decide wether or not to grant probate of the will.

Do You Need Probate? It’s advisable to check with the relevant organization (e.g., a financial institution) whether a grant of probate is necessary. You may not need one if:

• The assets involved are of relatively low value (e.g., a small bank account).
• The real estate is to be transferred directly to a beneficiary named in the will.
• The real estate needs to be sold.

A grant of probate is also not required if the asset (e.g., the family home) is jointly owned, as it automatically passes to the surviving joint owner.

For scenarios 2 and 3, the Land Titles Registry has a specific procedure, and typically, a grant of probate is not required.

Who Can Apply Several individuals may feel they have the right to apply for a grant of probate. If you believe you are eligible, you must first eliminate any other person claiming a prior right by filing Form 105 – Affidavit (probate application) (DOCX, 26.9 KB). This form should include evidence that the other party has either abandoned their claim, is incapacitated, or has passed away.