Probate of a Will

‘Probate’ means to prove or validate. To probate a will means to ask the Probate Court to confirm that it is the valid and last will of the testator. Probate can also decide who is the correct executor of a will. The Probate Court will grant you letters probate as proof that the will is valid and that you are the executor. This will allow you to manage the testator’s estate.

Not all wills need to be probated. It depends on the kind of property in the will, the beneficiaries, and the will itself. Sometimes the will alone is enough to the executor all the authority that you need to manage the estate.

You may need to probate the will if:

  • You need to recover money that someone owes to the estate,
  • You need access to the testator’s bank accounts,
  • You need to transfer land or other real property to a beneficiary,
  • You think that somebody might challenge your right to be the executor,
  • There are multiple versions of the will and you aren’t sure which one to use, or
  • The will is complicated or you think it will take several years to administer of the estate.

You can apply to the Probate Court to probate a will even if you don’t think it’s necessary.

To get letters probate, you must send an application to the Clerk of the Probate Court. The Probate Court Act outlines the procedure for applying for letters probate. You should also read Regulation 84-9 from the Probate Court Act.

You must apply for letters probate at the Probate Court in the testator’s Judicial District. It may not be the judicial district where you live. It can be either:

  • The judicial district where the testator was living when they died, or
  • where the testator owed real property (like land).

Applying for letters probate can be a complicated process. You may want to hire a lawyer to make the application in Probate Court. The testator’s estate should pay for the cost of hiring a lawyer to apply for letters probate.

The Probate Court charges a tax for applying for letters probate. The is tax calculated based on the value of the testator’s estate. Generally, the tax amounts are:

Value of The Estate Tax for Grant of Letters Probate
$5,000 or less $25.00
$5,000 to $10,000 $50.00
$10,000 to $15,000 $75.00
$15,000 to $20,000 $100.00
$20,000 or more $5.00 per $1,000 of the estate being administered

The Probate Court Act and its Regulations have more information about probate taxes.

A lawyer usually charges a fee for applying for letters probate. The testator’s estate will pay that fee. This is separate from the probate tax. The Probate Court Act and its Regulation outlines how much a lawyer can charge for some of the different services related to managing an estate.