Estate Inventory Form 56 in Newfoundland: What to Include and How to File

Before the Supreme Court of Newfoundland and Labrador will grant Letters of Probate or Letters of Administration, you need to submit an inventory of the deceased's assets. This is Form 56.10A — the Inventory — and it does two things at once: it tells the court what assets the estate contains, and it sets the calculation base for the court's filing fee. Getting it wrong in either direction has real consequences.

What Is the Form 56 Series?

The probate process in Newfoundland and Labrador is governed by Rule 56 of the Rules of the Supreme Court, 1986. The "Form 56" designation refers to the series of standardized court forms required throughout the process. Key forms in the series include:

• Form 56.04A — Notice of Application (filed first, starts the 5-day waiting period)
• Form 56.05A — Petition for Probate (filed after the waiting period if a will exists)
• Form 56.10A — Inventory (submitted with the petition)
• Form 56.21A — Administration Bond (for intestate estates and non-resident executors)
• Form 56.29A — Form of Release (used at estate closing)

The forms are available through the Supreme Court e-filing system at supreme.efile.court.nl.ca.

What Must Go Into the Inventory

The inventory must list all property belonging to the deceased that falls within the jurisdiction of Newfoundland and Labrador and that does not pass outside the estate by operation of law. Think of it as everything the probate process touches.

Include:

• Real estate solely in the deceased's name (address, estimated market value, outstanding mortgage balance)
• Bank accounts in the deceased's sole name (institution, balance at date of death)
• Vehicles registered in the deceased's sole name (make, model, year, VIN, estimated value)
• Investments in the deceased's sole name — GICs, savings bonds, RRSPs without a designated beneficiary
• Life insurance payable to the estate (not to a named living beneficiary)
• Business interests held solely by the deceased
• Valuables — jewelry, art, collectibles — with estimated value

Do not include:

• Real property held in joint tenancy (passes automatically to the surviving joint tenant — excluded from the estate and from the fee calculation)
• Life insurance with a named living beneficiary (passes directly to the beneficiary outside the estate)
• RRSPs, RRIFs, and TFSAs with a named surviving beneficiary
• Pension plan death benefits payable directly to a beneficiary
• Jointly held bank accounts with right of survivorship

The distinction matters both legally and financially. Assets that pass outside the estate are not subject to probate fees, which is significant when calculating what you owe the court.

How the Probate Fee Is Calculated From the Inventory

The court fee is based on the gross value of the estate as reported in the inventory:

• Estates valued at $1,000 or less: flat fee of $60
• Estates valued above $1,000: $60 plus $0.60 for every $100 of value above the initial $1,000

For a $250,000 estate: $60 + (($250,000 – $1,000) / $100 × $0.60) = $60 + $1,494 = $1,554

This fee is remarkably low compared to most other provinces — Nova Scotia, for example, charges 1.7% on estates over $100,000, which would produce a fee of $4,250 on the same estate. The NL fee structure is one of the most executor-friendly in Canada.

Because the fee is based on gross value (not net value after debts), you cannot reduce the fee by deducting the mortgage balance on real property. You include the full market value of the house, even if there's a substantial mortgage outstanding.

Property That Complicates the Inventory

Tenancy in Common vs Joint Tenancy: If the deceased owned real estate with another person, you need to check the exact wording of the registered deed. Joint tenancy passes automatically to the surviving owner and goes on the inventory only if the deceased was the sole surviving joint tenant. Tenancy in common is different: the deceased's undivided share becomes part of the probate estate and must be included in the inventory. Given how old some property titles in Newfoundland are, having a solicitor or title search firm check the deed language before completing the inventory is worth doing.

Unregistered Property: Newfoundland has significant holdings of rural property — cabins, woodlots, shoreline land — held under informal or possessory title arrangements rather than registered deeds. Valuing and including such property in the inventory is legally necessary if it forms part of the estate, but the absence of a formal deed can complicate the transfer process significantly.

Property Outside the Province: The NL inventory covers only property within Newfoundland and Labrador. If the deceased owned real estate in Ontario or Alberta, those provinces may require their own ancillary probate process. The NL grant does not automatically give you authority over out-of-province assets.

Getting the Values Right

The inventory does not require a formal appraisal for most assets — you can use reasonable estimated values. However, for real estate, banks will often have provided an assessment value on mortgage statements, and the city or municipality's property tax assessment (adjusted for market conditions) is a useful reference. If the estate includes significant business interests or commercial real estate, a professional appraisal creates a defensible record.

The date of death value is the relevant figure for all assets. Use bank statements, account records, and vehicle value guides (Canadian Black Book) for the date closest to death.

Filing the Inventory With the Court

The Inventory (Form 56.10A) is filed as part of the probate petition package, after the five-day waiting period from the Notice of Application has elapsed and no caveats have been filed. It is filed through the Supreme Court's e-filing system and must be accompanied by the completed petition form, the Oath of Executor or Administration, and the will (for probate applications).

The Newfoundland and Labrador Estate Settlement Guide includes an Estate Inventory Worksheet that walks through each asset category, helps you identify what qualifies for inclusion, and calculates your court fee before you file.

See more Newfoundland and Labrador guides →