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PROBATE CHECK LIST

Make copy of Will.

Draft Petition, Affidavit in Support of Petition, Oath of Executor, Affidavit

of Execution of Will.

Put a letter "A" at top, left-hand corner of the first page of the original

Will.

Have Executor/rix/ors initial beside the letter "A".

File Original Will, Petition, Affidavit in Support of Petition, Oath of

Executor, Affidavit of Execution of Will in Probate Court.

Contact one of the Witnesses to the Will and have that person attend at

Probate Court to sign the Affidavit of Execution of Will and initial the

Original Will by the letter "A".

7. Get names of Appraisers - give to Probate Court.

8. Obtain Warrant of Appraisement - issued by Probate Court.

9. Run 1st advertisement in Royal Gazette - 6 months for creditors.

10. Obtain issue of Royal Gazette showing 1st advertisement.

11. Complete Inventory and file it in Probate Court.

12 Obtain Clearance Certificate to the Date of Death (TX21-A).

13. Obtain Clearance Certificate for Final Distribution (TX21).

14. Pay Claims agreed to by Executor.

15. Deliver Specific Bequests (as per Will) to beneficiaries and obtain written

releases.

16. Draft Petition to Close - Affidavit in Support to be signed by Executor.

17. Draft Citation to heirs, etc.

18. Get date for Closing from Probate Court.

19. Run 2nd advertisement in Royal Gazette - 5 weeks - if any interested

persons reside outside the Province.

20. Serve copies of Citation to Close to interested persons by registered

mail (Sections 70 & 71 of Probate Act).

21. Obtain 2nd issued of Gazette showing Citation.

22. Draft Proctor's Affidavits re service of Citation and Publication.

23. Draft Executor's Accounts and Affidavit verifying Final Account.

24. Draft Proctor's Account.

25. Draft Decree on Closing.

26. File Executor's Account, Affidavit verifying, Affidavit of Publication and Service, Final Decree, Proctor's Account and Tax Clearance Certificate 10 days before Closing date.

27. Write Beneficiaries re Closing Decree.

28. Upon receipt of Final Tax Clearance Certificate, distribute residue of

estate among residual beneficiaries and obtain final releases.

SOME USEFUL TERMS:

Petition for Probate & The actual completed document requesting that Affidavit in Support: Probate be granted. It states the day the person

died,where they died, where they lived when they died, what the value of the estate is, where the real property (if any) is located and the date of the Will

Petitioner: The person or persons applying for Probate

Executor or Executrix: The person or persons named in the Will that are applying for probate.

Executors or Plural of the above-mentioned. Executrices:

Estate:

Assets:

Testator or Testatrix:

Opening fees:

Original Letters Testamentary:

The court file containing the original Will, Petition for Probate, Oath of Executor, and Affidavit in Proof of Will.

The actual possessions (car, jewellery, bank accounts, RRSP's, stocks, bonds, etc) of a deceased person held in their name alone.Also includes real property in the deceased person's name only or a half interest (tenants in common) in the the name of the deceased person).

The person who made the Will.

The cost to open the estate file in Probate Court.

The original grant issued by the Probate Court after your appointment as Executor. This will not be issued until after the completed documents have been filed in the Probate office.

Oath of Executor(rix):

Swear or Sworn to:

Affidavit in Proof of Will:

The document wherein you swear to pay the debts of the deceased and the lawful expenses. You also swear to file an inventory within 3 months and render a full accounting of your executorship within 18 months after the grant of probate. The Executor/rix must initial the original Will in the top left-hand comer.

Having your affidavit taken in front of a Notary Public, Commissioner of Oaths or a Lawyer.

The document which must be signed by one of the original witnesses - IN THE PROBATE OFFICE -wherein the person swears he or she was present when the Testator/rix signed the Will and that he/she was there at the same time the other witness signed the Will

PROBAIEPROCEDURES

The first thing which is done after a person has died is to locate the original will of the deceased and make a quick inventory of assets in order to have a figure to enter probate.

The original documentation includes the Petition for Probate, which you have the executor complete, which contains the name of the deceased, the executor's name, the date of death, the date of the will, where the person died, and where he/she was domiciled. It also gives the information of the value of the real property, the personal property and the total value. It also requests information on joint property held by the deceased, which automatically goes to the other joint tenant. The petition is signed by the executor and an Affidavit in Proof of the petition is sworn by the executor swearing that the information is true to the best of hislher knowledge and information.

The executor is also required to sign an Oath of Executor, which states that the document attached as Schedule" A" is the original will of the deceased, and that he will pay the debts of the deceased, advertise in the Royal Gazette for six months for creditors, and pay the bequests contained in the Will. He also agrees that he will file an inventory of the estate and proceed to closed the estate formally at the Probate Court within an eighteen month period.

One of the witnesses to the will must attend at the Probate Court and sign an Affidavit in Proof of Will, which states that he/she is one of the witnesses and he/she was in attendance at the same time as the second witness and the testator, on the date stated on the will, and saw the testator sign the will as hislher Last Will and Testament. (All three of them must have been in attendance together at the same time.)

Once the will has been proved, the Court will then issue Letters Testamentary naming the person on the Will as the Executor. Once this has been done, then the executor must complete an advertisement for debts and file the same with the Queen's Printer in Halifax, for a six month period. If the total of the assets does not exceed $800.00, one month advertisement in the Royal Gazette is required. The cost of this is $34.50, which is $30.00 plus HST. The Queen's Printer office will then forward a copy of the Royal Gazette, showing the name of the deceased, and the executor's name and address, for the first issue.

At this time, the executor should have been able to obtain all information concerning assets of the estate, namely: The banking institutions, Canada Pension Plan, RRS.P.'s, RRI.F.'s, Mutual Funds, stocks, bonds, debentures, business interests, life insurance, real property, furnishings and personal effects, automobile, and contents of safety deposit box.

A checklist of items that should be done by the executor once probate has been granted is as follows:

In transferring stock, the executor will be required to contact the transfer agent and will most likely be required to complete a Declaration of Transmission form.

They should also have notified Income Security Program on old age pension and CPP if applicable. The estate is entitled to the cheques for the month of death. If they are entitled to CPP, there should also be a death benefit and forms are required to be completed.

The executor should either sell or register assets in the name of the estate. If assets are to be held for more than a year, they should be registered in the name of the estate.

Cancellations should be made for the driver's license, magazine/newspaper subscriptions, cable, telephone, power, water, and club memberships. Mail should be re-routed.

Determine or arrange valuation of the real estate, securities and other assets.

If the real property is not to be sold, the lawyer should be instructed as to how title to land or buildings are to be taken by heirs. The insurance company should be notified of change of ownership and a vacancy permit obtained, if to be left vacant.

Contact Life Insurance Company, if any, and request claim forms. Also contact employer or former employer and any other pension payors re death benefit payouts.

Determine and pay outstanding bills, including funeral expenses.

Obtain social insurance number for any heir who is to receive cash before delivery of funds. This number will be required to allocate an income earned by the estate for income tax return purposes.

The executor should pay specific cash gifts according to the will and obtain receipts or cancelled cheques to prove payment.

Interim investment of any other cash assets should be made. They should be invested in some interest bearing investment pending delivery to heirs.

Deregister RRS.P.'s and R.R.I.F.'s which are payable to the estate.

Determine if the deceased had any interests in any trusts or other estates.

Deliver income tax information to an accountant and instruct them to prepare TI returns for year of death and "Rights and Things return" if applicable. If income is earned by the estate after death, income must be allocated to beneficiaries and/or a trust return prepared. After assessment has been received on tax returns, apply for Clearance certificate confirming release of executor from further liability from taxes.

You may wish to make a partial distribution of the estate as soon as possible. Review amount to be held back with estate lawyer before distributing funds. Review tax implications re income earned by estate before distribution with estate lawyer and accountant.

Six months after opening of probate, confirm with estate lawyer that advertising period has expired without any claims filed against the estate.

The estate can now be closed formally at the Probate Court. In order to proceed to close, the executor should have completed a Warrant of Appraisement. This form lists the assets of the estate, where the assets are located, and is sworn to by the executor and two disinterested persons acting as appraisers. This should have been filed within three months from the date of the grant. Once this document has been filed, the executor should complete a Petition for Citation to Close, which states that probate has been granted, the estate has been advertised for a period of six months, and that the executor is ready to obtain a date for closing, and an affidavit swearing this petition is attached.

A Citation to close is then issued giving the date and time of the closing and which is addressed to all heirs, and creditors of the estate. This document is forwarded by registered mail to all parties concerned. If any of the heirs are out of the Province, the citation must be placed in the Royal Gazette for a five week period. All heirs are given thirty days' notice of the closing to take place.

When this has been done, the executor is then ready to close and must prepare and file a detailed accounting showing all changes from the filing of inventory to the balance remaining in the account at the date of closing. This should include all increased and decreased in the values of the assets, and all expenses of the estate and a summary of all transactions. An affidavit confirming the account IS

completed by the executor at the time of the closing in Probate Court.

This closing documents include the solicitor's affidavit of service and publication (if applicable), which states that he is the proctor for the estate and has caused a copy of the Citation 0 Close to be inserted in the Royal Gazette for five weeks commencing with the first insertion date. That he caused copies of the citation to be sent registered mail to all interested parties, giving names and addresses; and

attaching copies of the receipts from the post office.

The Proctor's account is filed prior to the closing of the estate in Probate Court.

A Decree passing the final account of the executor is also prepared for the closing. This states that an application has been made for the closing and the citations issued and dealt with. It states that the executor attended before the Registrar, and produced the account of the administration of the estate, together with all vouchers in support thereof and they examined the accounts. If all is supported by documentation and approved. the Registrar decrees that the account be allowed and passed. It also decrees that the executor may then proceed to distribute the residue of the estate according to the terms of the will. Any distribution already made is ratified and confirmed.

1.

ADMINISTRATION CHECK LIST

Draft Petition, Affidavit in Support of Petition, Administrator's Oath,

Administrator's Bond and Affidavit of Justification - if using two sureties,

and Renunciations, if required ..

2. File Petition and supporting documents in Probate Court.

3. Get names of Appraisers - give to Probate Court.

4. Obtain Warrant of Appraisement - issued by Probate Court.

5. Run 1st advertisement in Royal Gazette - 6 months for creditors.

6. Obtain issue of Royal Gazette showing 1st advertisement.

7. Complete Inventory and file it in Probate Court.

8. Obtain Clearance Certificate to the Date of Death (TX21-A).

9. Obtain Clearance Certificate for Final Distribution (TX21).

10. Pay Claims agreed to by Administrator.

11. Draft Petition to Close - Affidavit in Support to be signed by Administrator

12. Draft Citation to heirs, and interested parties.

13. Get date for Closing from Probate Court.

14. Run 2nd advertisement in Royal Gazette - 5 weeks - if any interested

persons reside outside the Province ..

15. Serve copies of Citation to Close to interested persons by registered mail

(Sections 70 & 71 of Probate Act).

16. Obtain 2nd issued of Gazette showing Citation.

17. Draft Proctor's Affidavits re service of Citation and Publication.

18. Draft Administrator's Accounts and Affidavit verifying Final Account.

19. Draft Proctor's Account.

20. Draft Decree on Closing.

21. File Administrator's Account, Affidavit verifying, Affidavit of Publication and Service, Final Decree, Proctor's Account and Tax Clearance Certificate 10 days before Closing date.

22. Write heirs and/or interested parties re Closing Decree.

23. Upon receipt of Final Tax Clearance Certificate, distribute residue of

estate among heirs entitled and obtain final releases.

SOME USEFUL TERMS:

Petition for Administrntion & Affidavit in Support The actual completed document requesting that

Administration be granted. It states the day the person died, where they died, where they lived when they died, what the value of the estate is, where the real property

Heir-at-Law:

Petitioner:

Administrntor or Administrntrix:

Administrntors or

(if any) is located, the fact that you have looked for a Will and one couldn't be found, and lists the heirs-at-Iaw, their address, ages and occupations and relationship to the deceased.

The immediate next-of-kin of the deceased.

The person or persons applying for Administration.

The person or persons that are applying for Administration. The Administrator/rix must reside in the Province of Nova Scotia.

Administrntrices: Plural of the above-mentioned.

Estate:

Assets:

BondspeopJe:

The court file containing the Petition for Administration, Oath of Administrator/rix, and the Administration Bond and Affidavit of Justification, Renunciations, if required and all other documents.

The actual possessions (car, jewellery, bank accounts, RRSP's, stocks, bonds, etc.) of a deceased person held in hislher name alone. Also includes real property in the deceased person's name only, or a half interest (tenants- in­common) in the name of the deceased person.

Two people who are not beneficiaries who have agreed to provide security for the estate. Each surety is required to

Opening fees:

Original Letters Administration:

own real estate - in their own name - that is worth twice the personal property of the estate. Example: If the personal property is valued at $25,000.00, the amount of the bond would be $50,000.00 and each Bondsperson must own real estate worth $50,000.00 over and above all encumbrances.

The cost to open the estate file in Probate Court.

The original grant issued by the Probate Court after your appointment as Administrator/rix. This will not be issued until after the completed documents have been filed in our office.

Oath of The document wherein you swear to pay the debts of Administrator/rix: the deceased and the lawful expenses. You also swear

to file an inventory within 3 months and render a full accounting of your administration within 18 months from the grant of administration and properly administer the estate.

Wammtof Appraisement (Inventory):

Swear or Sworn to:

You provide us with the names, addresses and occupations of two people who have no interest in the estate to act as appraisers. We prepare the form and mail it out to you. You must then sit down with the two appraisers and list the assets of the estate. This will be more fully explained to you at your initial appointment. (Note: The two people who act as sureties cannot act as appraisers.)

Having your affidavit taken in front of a Notary Public, Commissioner of Oaths or a Lawyer.

ADMINISTRA TION PROCEDURES

The first thing which is done after a person has died, without a will, is to decide who will administer the estate, and make a quick inventory of assets in order to have a figure to enter probate.

The order in which this is decided is as follows: First is the spouse, if there is one. If none, the next of kin as follows: Children, if of the age of majority. If none or all renounce their rights to administration, the grandchildren may act, if of the age of majority. If there is no one of the age of majority, or they do not wish to administer, next in line are father, mother or survivor of the deceased. If none survive, or wish to administer, the siblings may act. Nieces and nephews, would be next in line and then any other blood relatives. If none, the Public Trustee may take out administration. If she is unwilling to act, then a creditor or a person having a cause of action may take out administration. Finally, a trust company may act under section 21 (d) of the Probate A ct.

The original documentation includes the Petition for Administration, which you have the administrator complete, which contains the name of the deceased, the administrator's name, the date of death, where the person died, and where he/she was domiciled. It also gives the information of the value of the real property, the personal property and the total value. It also requests information on joint property held by the deceased, which automatically goes to the other joint tenant. The petition also states that an effort was made to locate the will of the deceased, but none was found. The petition lists the heirs of the deceased, their ages, if minors, and their addresses. The petition is signed by the administrator and an Affidavit in support of the petition is sworn by the administrator swearing that the information is true to the best of hislher knowledge and information.

The administrator is also required to sign an Oath of Administrator, which states that he/she will pay the debts of the deceased, advertise in the Royal Gazette for six months for creditors. The Administrator agrees that he/she will file an inventory of the estate, within three months of the grant of administration and proceed to close the estate formally at the Probate Court within an eighteen month period.

In an administration, (where there is no will), the administrator must be bonded. If there is real and personal property or just personal property, the bond must be for twice the amount of the personal estate if signed by two sureties, each of whom must swear to have assets over and above their debts in this amount. This is called and Administration Bond, and an Affidavit of Justification is completed by the sureties. The bond is signed by the administrator and the bondspersons. If the administrator decides to go with an insurance company bond, the amount of the bond must be for one and a half times the personal asset value.

If there IS only real estate involved, the bond will be for the sum of $500.00 only.

Once the papers have been completed and signed, the Court will then issue Letters of Administration naming the person petitioning as the Administrator. Once this has been done, then the administrator must complete an advertisement for debts and file the same with the Queen's Printer in Halifax, for a six month period. The cost or this is $34.50, which is $30.00 plus HST. If the total value of the assets do not exceed $800.00, one month advertisement is required.

At this time, the administrator should have been able to obtain all information concerning assets of the estate, namely: The banking institutions, Canada Pension Plan, RRS.P.'s, RRI.F.'s, Mutual Funds, stocks, bonds, debentures, business interests, life insurance, real property, furnishings and personal effects, automobile, and contents of safety deposit box.

A checklist of items that should be done by the administrator once administration has been granted is as follows:

In transferring stock, the administrator will be required to contact the transfer

In transferring stock, the administrator will be required to contact the transfer agent and will most likely be required to complete a Declaration of Transmission form.

They should also have notified Income Security Program on old age pension and CPP if applicable. The estate is entitled to the cheques for the month of death. If they are entitled to CPP, there should also be a death benefit and forms are required to be completed.

The administrator should either sell or register assets in the name of the estate. If assets are to be held for more than a year, they should be registered in the name of the estate.

Cancellations should be made for the driver's license, magazine/newspaper subscriptions, cable, telephone, power, water, and club memberships. Mail should be re-routed.

Determine or arrange valuation of the real estate, securities and other assets.

Real Estate in an administration devolves directly to the heirs of the deceased, and is dealt with by deeding from all heirs to whomever.

Contact Life Insurance Company, if any, and request claim forms. Also contact employer or former employer and any other pension payors re death benefit

payouts.

Determine and pay outstanding bills, including funeral expenses.

Obtain social insurance number for any heir who is to receive cash before delivery of funds. This number will be required to allocate an income earned by the estate for income tax return purposes.

Interim investment of any other cash assets should be made. They should be invested in some interest bearing investment pending delivery to heirs.

Deregister RRS.P.'s and RRI.F.'s which are payable to the estate.

Determine if the deceased had any interests in any trusts or other estates.

Deliver income tax information to an accountant and instruct them to prepare TI returns for year of death and "Rights and Things return" if applicable. If income is earned by the estate after death, income must be allocated to beneficiaries and/or a trust return prepared. After assessment has been received on tax returns, apply for Clearance certificate confirming release of administrator from further liability from taxes.

You may wish to make a partial distribution of the estate as soon as possible. Review amount to be held back with estate lawyer before distributing funds. Review tax implications re income earned by estate before distribution with estate lawyer and accountant.

Six months after opening of administration, confirm with estate lawyer that advertising period has expired without any claims filed against the estate.

The estate must now be closed formally at the Probate Court. In order to proceed to close, the administrator should have completed a Warrant of Appraisement. This form lists the assets of the estate, where the assets are located, and is sworn to by the administrator and two disinterested persons acting as appraisers. This should have been filed within three months from the date of the grant. Once this document has been filed, the administrator completes a Petition for Citation to Close, which states that administration has been granted, the estate has been advertised for a period of six months, and that the administrator is ready to obtain a date for closing, and an affidavit swearing this petition is attached.

A Citation to close is then issued giving the date and time of the closing and which is addressed to all heirs, and creditors of the estate. This document is forwarded by registered mail to all parties concerned. If any of the heirs are out of the Province, the citation must be placed in the Royal Gazette for a five week period. All heirs are given thirty days' notice of the closing to take place.

When this has been done, the administration is then ready to close and must prepare and file a detailed accounting showing all changes from the filing of inventory to the balance remaining in the account at the date of closing. This should include all increased and decreased in the values of the assets, and all expenses of the estate and a summary of all transactions. An affidavit confirming the account is completed by the administrator at the time of the closing in Probate Court.

This closing documents include the solicitor's affidavit of service and publication (if applicable), which states that he is the proctor for the estate and has caused a copy of the Citation to Close to be inserted in the Royal Gazette for five weeks commencing with the first insertion date. That he caused copies of the citation to be sent registered mail to all interested parties, giving names and addresses; and attaching copies of the receipts from the post office.

The Proctor's account is filed prior to the closing of the estate in Probate Court.

A Decree passing the final account of the administrator is also prepared for the closing. This states that an application has been made for the closing and the citations issued and dealt with. It states that the administrator attended before the Registrar, and produced the account of the administration of the estate, together with all vouchers in support thereof and they examined the accounts. If all is supported by documentation and approved, the Registrar decrees that the account be allowed and passed. It also decrees that the administrator may then proceed to distribute the residue of the estate according to the Intestate Succession A ct. Any distribution already made is ratified and confirmed. The Registrar releases the bond at this time.