Probate is the legal process by which a deceased individual’s estate is confirmed and distributed, with the Probate Court overseeing the process.
The application processes, as well as general duties of a probate or administration of an estate will often vary depending on whether there is a will or not.
If there is a will, a named Executor will make an application to the Probate Court and on successful application, receive a Grant of Probate. With the Grant of Probate, the Probate Court gives the named Executor legal authority to carry out their duties in regards to the estate.
In Nova Scotia, if there is no will, the Intestate Succession Act determines who inherits from the estate, as well as who has priority standing to apply to become the estate’s administrator. On successful application of the Administrator, a Grant of Administration will be awarded to the administrator.
The Probate Court serves to ensure that all beneficiaries whether from a will or under the Intestate Succession Act, are notified and inherit their share from the estate.
A Personal Representative (which may be either an Executor or Administrator) is required to file an inventory of assets, serve notice on beneficiaries, and file other forms with the Probate Court.
Gallant Law has experience in the probate and administration of estates of many sizes, and can assist you in navigating the process of opening and closing an estate through the Probate Court.