How to Apply for Probate in Saskatchewan: The Court of King's Bench Process

Applying for probate in Saskatchewan means assembling a specific packet of court forms and filing them in person at the Court of King's Bench. There is no online filing system for probate matters at the King's Bench level — eCourt is restricted to Court of Appeal filings. The process is paper-based, location-specific, and document-intensive.

Here is exactly what the packet requires, where to file, what it costs, and what you need to do after probate is granted.

Is Probate Actually Required?

Before assembling the packet, confirm you actually need it. Probate is not required if:

• All estate assets are held in joint tenancy (they pass automatically to the survivor)
• The estate has designated-beneficiary accounts only (RRSPs, TFSAs, life insurance)
• The total estate value is under $25,000 with no real property (use Form 16-36 instead)
• The total estate value is under $15,000 even with real property (the court registrar assists)

If the estate includes real property in the deceased's sole name, or sole-owner accounts above $25,000, you need full probate.

The Probate Packet: All Required Documents

1. Form 16-11A: Application for Grant of Probate

This is the main application form. It identifies the deceased, the applicant executor, the date and place of death, and provides a summary of the estate. It must be signed by the executor.

2. Form 16-13A: Affidavit of Applicant for Probate

This is a sworn statement by the executor confirming the contents of the application are true. It must be signed before a Commissioner for Oaths or Notary Public. Do not sign until you are in front of the commissioner.

3. The Original Will

The original will — not a photocopy — must be submitted with the packet. If the will is handwritten (holographic), the court requires Form 16-19B instead of Form 16-19A (see below).

4. Form 16-19A: Affidavit of Execution of Will

This is sworn by one of the original witnesses to the will, confirming they witnessed the testator sign the will in the manner required by law. If the original witness is deceased or cannot be located, the court may accept alternative evidence of execution.

For a holographic will: use Form 16-19B (Affidavit Proving Execution of a Holograph Will), sworn by someone who knew the deceased's handwriting.

5. Form 16-14: Statement of Property

This is the most time-consuming document to prepare. It is a detailed inventory of all estate assets at fair market value on the date of death. It must list:

• All real property (address, legal land description, title number, fair market value)
• Bank accounts and credit union accounts (institution, account type, balance on date of death)
• Investment accounts and registered accounts (RRSP, TFSA, RRIF — if no named beneficiary or estate is named)
• Life insurance policies payable to the estate
• Vehicles (make, model, year, Redbook value)
• Business interests and other personal property
• Outstanding debts (mortgage balance, credit cards, lines of credit)

This document drives the probate fee calculation — $7 per $1,000 of gross estate value (before deducting debts).

6. Form 16-16: Renunciation (If Required)

If any named executor in the will does not wish to act, they must file a Renunciation before the probate application can proceed. Without a Renunciation, the court cannot ignore a named executor.

7. Form 16-7 or Local Registrar's Certificate: Proof of No Minor Beneficiaries

The Information Services Corporation (ISC) requires confirmation that no minor children have a beneficial interest in any real property before it will process a land transmission. One of the following documents must eventually accompany the ISC packet:

• A Local Registrar's Certificate (issued by the court when no minors appear in the probate application)
• A Public Guardian and Trustee Certificate (Form 16-7, costing $50, issued by the PGT office)

Request the Local Registrar's Certificate at the time of filing if no minors are involved — this avoids the separate PGT step.

Where to File

File at the Local Registrar's Office of the Court of King's Bench in the judicial centre nearest to where the deceased resided at the time of death. Saskatchewan's judicial centres include Regina, Saskatoon, Prince Albert, Moose Jaw, Yorkton, Swift Current, Battleford, Melfort, Wynyard, and Estevan.

Do not file in a judicial centre where the deceased didn't live — the court may reject the application or require refiling.

Filing Fees

• Court filing fee: $200
• Probate levy: $7 per $1,000 of gross estate value

Payment is made at the time of filing. The court does not invoice for the probate levy separately — you calculate the estate value on the Statement of Property and pay the corresponding amount when you submit.

After Probate Is Granted: Notice to Creditors

Once the court issues the Grant of Letters Probate, the executor must consider publishing a Notice to Creditors. This protects the executor from personal liability for unknown debts.

Form 16-48 is the Notice to Creditors template. Since March 2021, Saskatchewan allows publication through NoticeConnect (noticeconnect.ca) for 30 days as a legally equivalent alternative to the traditional two consecutive weeks in a local newspaper. NoticeConnect is typically cheaper than print advertising and provides a digital confirmation of publication that can be filed with the court if needed.

Publishing the notice is not legally mandatory — it's optional but strongly recommended. If you distribute the estate without publishing the notice, and a creditor surfaces after distribution, you can be held personally liable for that debt.

The 30-day creditor period runs while other estate administration tasks are proceeding. Don't pause the estate while waiting.

Common Probate Mistakes in Saskatchewan

• Submitting photocopies of the original will instead of the original — the court requires the original
• Filing in the wrong judicial centre — the court will return the packet
• Undervaluing the estate on Form 16-14 — the CRA and the court can reassess
• Missing the Affidavit of Execution — the application will be incomplete
• Not accounting for minor beneficiaries — this creates ISC title lock on real property

The Saskatchewan Estate Settlement Guide includes a complete Form 16 preparation guide, a step-by-step Court of King's Bench filing checklist, and instructions for publishing the Notice to Creditors through NoticeConnect — all organized in the order the court expects.

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