Probate Fees In New Brunswick

The cost of probating a will in New Brunswick depends on several factors, including the size and complexity of the estate, the number of beneficiaries, and the value of the assets. The average cost of probate and settling an estate is around $15,000, which includes legal fees, taxes, and other expenditures. Probate fees in New Brunswick are outlined in the Probate Court Act and are based on the value of the estate, with a tax payable on the grant of probate or letters of administration.

Probate fees in New Brunswick

The Probate Court Act provides for the payment of a tax on the grant of common probate or letters of administration. This tax is based on the value of the estate and is collected by the Probate Office that processes the application for letters probate or letters of administration. Certain types of grants, such as unusual or exceptional grants, are exempt from this tax but may be subject to a particular fee.

In addition to the tax, there are also sundry fees associated with probate court proceedings, as outlined in Rule 4.02 and Appendix "A" of Regulation 84-9 under the Probate Court Act. These fees must accompany all documents filed and can be paid in person or by certified cheque or money order mailed to the appropriate court. Cheques and money orders should be made payable to the Minister of Finance for the Province of New Brunswick.

The overall cost of probate and settling an estate in New Brunswick is estimated to be around $15,000, although this may vary depending on the complexity of the estate and the use of legal services.

It is important to note that probate fees are separate from any legal fees that may be incurred during the probate process. While it is not necessary to hire a lawyer for probate in New Brunswick, legal services can be beneficial for navigating the complex paperwork and ensuring compliance with civil rules.

Letters Probate

To obtain Letters Probate, one must apply through the Clerk of the Probate Court. The application can be made in the judicial district where the testator resided or where they owned property. The fees for Letters Probate are set by the Probate Court Act and its Regulations and are based on the value of the estate. The general fee schedule is $5.00 per $1,000 of the estate's value. If a lawyer is involved, their fees are separate and additional.

The Probate Court plays a significant role in the process, as it has the power to grant, recall, or revoke Letters Probate and supervise the administration and distribution of estates. While it operates separately from the Court of Queen's Bench, it is presided over by a judge from that court, ensuring consistency in judgments and orders.

The role of the executor

• Arranging the funeral, burial, and obituary of the deceased, and paying for these arrangements. While it is best to follow any wishes the deceased may have had for their funeral, it is not a legal requirement.
• Locating and reading the will. The executor must carry out the wishes of the deceased, not their own. If there are any questions about the will, the executor should contact legal counsel.
• Making a list of the deceased's assets, debts, and possessions, including all personal possessions, property, bank accounts, investments, shares, insurance policies, or any other valuable items.
• Cancelling the deceased's accounts and subscriptions with service providers.
• Contacting beneficiaries and providing them with a copy of the will.
• Determining the distribution of assets, including transferring property and vehicles, and increasing the amount of the estate residue.
• Paying the debts of the estate, including taxes, before distributing assets to beneficiaries. In New Brunswick, debts must be paid in the following order: probate tax and fees; wages owed related to any business of the deceased; liabilities and debts owed to the executor; and then specific gifts can be given to beneficiaries.
• Paying the income taxes for the estate.
• Dealing with any surprises or problems that may arise, such as previously unknown children or hidden debts.
• Having the estate probated if necessary.

Executors can be held personally liable for mistakes, and they may wish to seek legal advice if they have any questions. They are also entitled to be paid for their services, and can make a claim for financial compensation before the Probate Court if this is not included in the will.

Probate Court Act

The Probate Court Act sets out the procedure for probate, the legal process of carrying out someone's last wishes by validating their will, resolving debts and taxes, and distributing assets to heirs. Probate is not mandatory but is recommended, especially when real property is involved.

In New Brunswick, the Probate Court has the power to grant Letters Probate, recall or revoke them, and supervise the administration and distribution of estates. The Probate Court is presided over by a Court of Queen's Bench judge, with every judge of the Court of Queen's Bench having jurisdiction over probate matters.

Letters Probate

Letters Probate are issued by the Probate Court of New Brunswick and provide official recognition of the executor's authority over the testator's estate. They establish the validity of a will and certify that it was properly registered. Letters Probate apply to all property, including real and personal property owned by the deceased in the province.

Costs

The Probate Court Act outlines the costs associated with probate in New Brunswick. There is a tax on the grant of common probate or letters of administration, payable on the value of the estate. This is collected by the Probate Office that processes the application. There are also sundry fees outlined in Rule 4.02 and Appendix "A" of Regulation 84-9 under the Probate Court Act.

Procedure

The procedure before the Probate Court is set out in Regulation 84-9 under the Probate Court Act. The executor or personal representative of an estate must file a petition for probate, decide on probate assets, manage and locate these assets, value and appraise them, receive and make payments, set up an estate account, interpret the will, communicate with heirs/beneficiaries, and file various documents, including death certificates.

When Probate is Required

Probate is generally required when there is a dispute or complexity regarding the will or assets, when the heir is a minor, or when real estate is involved. Probate is not always necessary, especially for small estates.

Alternatives to Probate

There are strategies to avoid probate, including designating beneficiaries on registered funds, holding property or accounts jointly, using multiple wills, gifting assets during one's lifetime, or changing the location of assets to another province.

The process of obtaining Letters Probate

• Understanding the Role of the Probate Court: The Probate Court in New Brunswick has the authority to grant, recall, revoke, and supervise the administration and distribution of estates. While it is distinct from the Court of Queen's Bench, it is presided over by a judge from that court, who has jurisdiction over probate matters.
• Applying for Letters Probate: To obtain Letters Probate, you must apply through the Clerk of the Probate Court. You can make this application in the Judicial District where the deceased person resided or where they owned property.
• Providing Official Recognition: Letters Probate offer official recognition of the executor's authority over the testator's estate. They establish the validity of the will and certify that it was properly registered with the Probate Court. These letters cover all property, including real estate and personal property, owned by the deceased within the province.
• Understanding the Executor's Role: The executor, or personal representative, of the estate is responsible for various tasks, including filing a petition for probate, managing and locating assets, valuing and appraising the assets, receiving and making payments, setting up an estate account, interpreting the will, communicating with heirs/beneficiaries, and distributing assets according to the will or local law.
• Understanding Costs and Fees: There are costs associated with the probate process, including legal fees and expenditures. Additionally, there may be taxes and fees associated with the grant of probate, as outlined in the Probate Court Act. These fees are based on the value of the estate and must be paid to the Probate Office processing the application.
• Following Deadlines and Procedures: It is important to adhere to the deadlines and procedures set out in Regulation 84-9 under the Probate Court Act. Failing to meet deadlines or properly notify creditors can have significant consequences.

Frequently asked questions