Probate is the process through which a court recognizes a will and the authority associated with administering the deceased person’s estate. The Nova Scotia Probate Court also issues other types of grants when a will or named executor is absent, so not every estate matter is a grant of probate.
Primary sources consulted: September 24, 2026. Check the latest official text and any amendments before relying on a rule.
Grant of probate and other grants
Nova Scotia Courts describes a grant of probate as a document confirming that a will was proved and that administration was granted to the executor named in it. Where a person died without a valid will, a grant of administration may be needed; where there is a will but no acting executor, a grant of administration with the will annexed may be the appropriate type.
The person handling an estate may have to collect assets, address debts and distribute what remains to those legally entitled. The documents and authority required depend on the assets and the circumstances.
Probate is not always the same as administering an estate
The court’s guidance explains that a grant is usually needed to establish authority in the circumstances it lists, but the need for a court application should be determined for the particular estate. Identifying an executor in a will does not by itself show what a bank, land registry or court will require.
An estate dispute, an absent will, an out-of-province grant and other issues may change the forms or procedure.
Where to look next
The Probate Act and its Practice, Procedure and Forms Regulations establish the legal framework. Nova Scotia Courts provides court-specific guides, checklists and forms. Official forms are incorporated in the regulations; the convenient webpage versions must be checked against those official forms.
Official sources
- Nova Scotia Courts — Probate Court
- Nova Scotia Courts — Probate forms
- Nova Scotia — Probate regulations