New Brunswick Probate Forms: What Executors Need Before Filing

The Probate Court of New Brunswick requires a specific set of forms for every grant application. The forms are prescribed by Regulation 84-9 (Probate Rules) under the Probate Court Act. Getting the right form, completing it correctly, and submitting it with the required supporting documents is the difference between a grant issued in weeks and an application bounced back with a rejection letter.

Here is what each form does, when it applies, and the errors that most often cause applications to fail.

The Core Application Forms

Form 2A — Application for Letters Probate of a Will

This is the primary form used when the deceased left a valid will and you are the named executor. You are asking the court to validate the will as the deceased's final legal document and to formally confirm your authority to act.

Form 2A must be accompanied by:

• The original will (do not make copies or alter the document in any way — do not remove staples)
• Form 2I (Affidavit of Execution — see below)
• A sworn statement of the total value of all estate assets as of the date of death
• The probate tax payment

Form 2E — Application for Letters of Administration

Used when the deceased died without a will (intestate), or when the named executor cannot or will not act and no alternate executor is named. The court will appoint an administrator, who must then distribute the estate according to the Devolution of Estates Act intestacy formulas.

If persons who have higher statutory priority to administer the estate have declined, you must include their signed renunciations (Form 2AA) with the application.

Form 2C — Application for Letters of Administration with Will Annexed

The situation: there is a valid will, but the executor named in it has died, become incapacitated, or renounced. The estate must still be administered according to the will's instructions, but by a different person. This form is what that person files.

The Supporting Affidavits and Declarations

Form 2I — Affidavit of Execution of the Will

This is a sworn statement by one of the witnesses to the will, confirming that they watched the deceased sign the document and that the will was properly executed. The Affidavit of Execution must accompany Form 2A in virtually all standard probate applications.

Critical New Brunswick rule that causes frequent rejections: The affidavit must not be sworn before the other witness to the same will. If two people witnessed the will — Person A and Person B — and Person A is completing the Form 2I, they must swear the affidavit before a commissioner of oaths who is not Person B. Applications are rejected when one witness commissions the affidavit of the other. This error costs weeks.

Form 2AA — Renunciation

This form is filed by an individual who has the legal right or priority to act as executor or administrator but is formally declining that role. It is required whenever someone higher in the statutory priority order steps aside, clearing the path for the next eligible person to apply.

Bond-Related Forms

Form 2X — Administration Bond

The Probate Court has the discretion to require an administration bond when the administrator resides outside New Brunswick. The bond is a financial guarantee protecting the estate and local creditors against loss caused by administrator misconduct or incompetence. Surety bond premiums are a cost to the estate.

Form 2Y — Affidavit to Waive or Dispense with Bond

If all beneficiaries consent to waiving the bond requirement, and there are no minor or incapacitated beneficiaries, the administrator can apply to the court to dispense with the bond. This requires Form 2Y — a sworn affidavit supported by signed consents from all beneficiaries. The court has discretion to grant or refuse the waiver. This form is particularly important for out-of-province executors (often adult children in Ontario or Alberta) who want to avoid the cost and complexity of arranging a surety bond.

The Passing of Accounts Forms (3M to 3P)

When the estate cannot be closed informally — because a beneficiary refuses to sign a release, is a minor, is incapacitated, or cannot be located — the executor must apply to the Probate Court for a formal passing of accounts. The court reviews the complete financial record of the administration and approves the executor's compensation.

Forms 3M through 3P cover the various components of this application: the formal accounts themselves, the notice of application, and the supporting affidavits. A formal passing of accounts adds time and cost to the administration, but once the court order is made, the executor is fully protected from future challenge.

Filing Requirements by District: The Moncton Rule

Not all Probate Court offices in New Brunswick accept documents in the same format. This is one of the most common sources of unnecessary rejections for self-represented executors.

Applications filed in the judicial districts of Moncton, Bathurst, and Edmundston require a formally indexed "Record on Application." This means:

• Documents must not be stapled or bound
• They must be secured with a large clip
• A numbered index listing each document must be included

An application filed without this formatting in these districts is rejected by the clerk. Fredericton and Saint John have their own local conventions. Always contact the specific registry where you plan to file before submitting, and confirm exactly what they require.

Where to Get the Forms

All New Brunswick probate forms are available for download through the official Courts New Brunswick website (courtsnb-coursnb.ca). The forms are bilingual, which can look intimidating, but you only need to complete the section in your preferred language — English or French — not both.

Can You File Without a Lawyer?

New Brunswick does not require executors to be represented by a lawyer in the Probate Court. Self-represented applicants file regularly, particularly for straightforward estates. The process is procedurally demanding — the forms need to be completed correctly, the affidavits must be sworn properly, the tax must be calculated accurately, and the regional filing requirements must be met — but none of these tasks are beyond an organized, careful executor working from clear instructions.

The forms themselves do not come with fill-in instructions explaining what goes in each field, which is the main barrier for most people working on their own.

The New Brunswick Probate Process Guide includes plain-English, line-by-line guidance on completing each probate form, a complete application checklist covering every required document, and district-specific formatting notes so your application does not come back on a technicality.

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