Probate and estate administration involve establishing the authority of a personal representative, dealing with estate assets and debts, and distributing what remains according to the will or applicable law. Whether the Probate Court is needed and what must be filed depend on the specific estate.
Primary sources consulted: September 24, 2026. Check the latest official text and any amendments before relying on a rule.
Determine the correct grant
Nova Scotia Courts distinguishes a grant of probate for a will with an acting named executor from a grant of administration where there is no valid will and a grant of administration with the will annexed where the will lacks an acting executor. The first practical step is to identify the will, any codicils, the proposed representative, the estate assets and whether an existing grant applies.
Court guidance explains that an executor takes authority from the will, while the grant provides evidence of that authority; an administrator appointed when no valid will exists derives authority under the grant.
Use the court’s checklist and current forms
The Probate Court publishes the Grant of Probate checklist and forms, including Form 8 for an application for a grant of probate and other forms for different grants. The underlying Probate Court Practice, Procedure and Forms Regulations may be amended; the court says its convenient web forms are unofficial if they conflict with the prescribed regulatory forms.
The Courts’ probate page describes a procedural change effective April 1, 2024 concerning the original will as an exhibit to an affidavit. Always check the latest instructions for the particular form and estate.
Keep administration and disputes separate
A grant is not the end of estate administration. Identifying and accounting for assets, addressing creditor claims and providing required notices can involve additional statutory steps. A contested will, an insolvent estate or property in multiple jurisdictions can change the process.
Keep documents and dates organized, check current Probate Court contact and forms directly, and obtain individualized advice where an important asset, claim or deadline is disputed.
Official sources
- Nova Scotia Courts — Probate Court
- Nova Scotia Courts — Probate Court forms
- Probate Court Practice, Procedure and Forms Regulations