Manitoba Probate Forms: Which Forms to File and How to Get It Right the First Time

The Manitoba probate process runs on a specific set of forms. Miss the right form, file the wrong version, or violate one of the Court of King's Bench formatting rules, and your application comes back with a rejection notice and a $10.00 fee. Then it goes back to the bottom of the queue. In a process that already takes weeks, iterative rejections are the most common reason estates stall — and they are almost entirely avoidable.

This guide covers which forms you need, what each one does, and the exact formatting requirements the court enforces.

The Two Scenarios: Will vs. No Will

The forms you need depend on whether the deceased left a valid will.

If there is a will: The named executor files for a Grant of Probate. This validates the will and confirms the executor's authority to act.

If there is no will (intestacy): Someone must apply for Letters of Administration. This person becomes the administrator of the estate and holds equivalent authority to an executor, but must typically post a bond and has no pre-existing authority from a will.

Small estates (under $10,000): A separate simplified process applies under Section 47 of the Court of King's Bench Surrogate Practice Act, using Form 74FF and Form 74GG.

Forms Required When There Is a Will (Grant of Probate)

Form 74A — Request for Probate

This is the primary application document. It identifies the deceased, the date of death, the will being submitted, the named executor, and the value of the estate. The executor swears (or affirms) this form before a commissioner for oaths or a notary public. Form 74A is filed together with the original will and the supporting forms listed below.

Where to get it: The Court of King's Bench publishes Word versions of all Rule 74 forms on the Manitoba Laws website at web2.gov.mb.ca/laws/rules/forms_e.php. These are the official forms and should be used exactly as provided — do not modify the structure.

Form 74B — Inventory and Valuation of the Property of the Deceased

This is the estate inventory. It lists every asset owned solely by the deceased as of the date of death, categorized by type:

• Real property (civic address, legal description, Teranet title number, fair market value at death)
• Bank accounts and credit union accounts (institution, account type, balance at date of death)
• Investment accounts (institution, type, value at date of death)
• Life insurance payable to the estate (not to named beneficiaries — those bypass the estate)
• Pensions payable to the estate
• Other personal property (vehicles, business interests, valuable personal property)
• Outstanding debts owed to the deceased

Critical point: Joint assets with right of survivorship go on Form 74B only if required by the specific court examiner's instructions — many Manitoba probate applications exclude jointly held assets from 74B because they pass outside the estate. Confirm the current requirements with the court registry before filing.

If additional assets are discovered after the original 74B is filed, an amended Form 74B must be filed within 30 days of discovery. Failure to file an amended form is a breach of the executor's duties.

Form 74D — Affidavit of Execution of Will

The Affidavit of Execution proves that the will was validly executed — that it was signed by the testator in the presence of two witnesses, and that both witnesses signed in the presence of the testator and each other. This affidavit must be sworn by one of the original witnesses to the will.

If the witnesses cannot be located, are deceased, or are incapacitated, the court may accept alternative evidence. Contact the court registry for guidance on what is acceptable in these circumstances.

For holographic (handwritten) wills, Form 74D does not apply. Instead, a custom affidavit from a person familiar with the deceased's handwriting is required (see the separate post on holographic wills in Manitoba).

The Original Will

The original physical will must be filed with the court, not a photocopy. The court retains the original. If the will cannot be located, there are procedures for filing a lost will, but these involve additional affidavit evidence and court scrutiny.

Forms Required When There Is No Will (Letters of Administration)

Form 74L — Request for Letters of Administration

The intestacy equivalent of Form 74A. The applicant identifies the deceased, confirms there is no valid will, and asserts their priority to act as administrator. Under Manitoba's Intestate Succession Act, priority goes first to the surviving spouse or common-law partner, then to adult children, then to other next-of-kin in order of proximity.

Form 74M — Nomination of Administrator (when required)

If multiple individuals have equal priority to apply as administrator — for example, two adult children with no surviving spouse — those who are not applying must either consent to the applicant's appointment or renounce their own right to apply. Form 74M documents these consents and renunciations.

Form 74V — Bond for Administrators (typically required for intestacy)

Unlike a named executor, an administrator in an intestate estate is almost always required to post a probate bond. The bond protects unknown creditors and beneficiaries against mismanagement of the estate. The bond amount is generally equal to twice the gross value of the estate. The bond is secured by a guarantor (often a bond company or a person of substance who agrees to indemnify the estate).

If posting a bond is genuinely impractical — for example, the only potential administrator is the only beneficiary and no creditors are known to exist — the administrator can request a waiver from the court. This requires a separate motion and is not automatic.

Form 74W — Affidavit of Execution of Bond

Proves that the bond in Form 74V was properly executed.

Forms for Renouncing Executor Status

Form 74N — Renunciation of Probate

If the named executor in the will does not want to act — whether due to personal circumstances, geographic distance, or any other reason — they can formally renounce using Form 74N. Once filed, the renunciation is generally irrevocable. The court then appoints a successor administrator.

Executors who are unsure whether to accept should take time to consider before renouncing — you cannot un-renounce. If you are uncertain, speak with the Registrar or a lawyer before filing.

Small Estate Forms (Under $10,000)

Form 74FF — Request for Order (Small Estate)

For estates where the gross value of probatable assets does not exceed $10,000 before debts, the simplified Administration Order process under Section 47 applies. Form 74FF initiates the application. The filing fee is $100.

Form 74GG — Order (Small Estate)

The court issues this as the final authorization. With a 74GG in hand, the applicant can pay funeral expenses, settle minor debts, and distribute the remaining residue without going through the full probate process. For real property, a Section 47 order allows direct transmission to the beneficiary without the property first transferring into the administrator's name.

Formatting Requirements: Where Applications Get Rejected

The court is precise about formatting. A document that is otherwise legally correct will be rejected and returned if these physical requirements are not met:

Paper: Good quality 8.5" x 11" only. No legal-size paper.

Printing: One side only. Double-sided printing is not accepted.

Font size: All affidavits must use exactly font size 14. Using 12pt or 13pt is a rejection risk.

Binding: Documents must be stapled or bound. Pages must be numbered. Exhibit tabs (A, B, C or 1, 2, 3) must be attached to supporting documents that are referenced in the affidavits.

File at the right location: Probate applications can be filed at any regional judicial centre in Manitoba (Winnipeg, Brandon, Dauphin, Thompson, Flin Flon, Portage la Prairie). The regional centre forwards originals to Winnipeg for judicial review. Filing at a regional centre is convenient but adds transit time.

Rejection fee: If the registry returns your documents due to a formatting or substantive error, you pay a $10.00 rejection fee on resubmission. More importantly, you lose your place in the processing queue.

Getting the Forms Right the First Time

The most common rejection causes are: incomplete Form 74B (missing asset categories or values), missing witness affidavit (Form 74D not including both witnesses' details properly), and formatting errors (wrong font size, double-sided printing, missing exhibit tabs).

Before submitting, do a page-by-page check against the court's formatting requirements. If self-filing, consider a one-time consultation with a Manitoba estate lawyer to review your completed forms before submission — it is far less expensive than multiple rejection cycles.

The complete Manitoba estate settlement guide at /ca/manitoba/estate-settlement/ includes a detailed walk-through of the Rule 74 form package, a checklist for avoiding the most common rejection reasons, and guidance on assembling the full probate application from scratch.

See more Manitoba guides →