Notice to Creditors in New Brunswick: Royal Gazette Publication Guide

Publishing a Notice to Creditors is not technically mandatory under New Brunswick estate law. But it is one of the most important protective steps an executor can take, and failing to do it creates an ongoing personal liability that never fully disappears. The creditors of the deceased do not have to announce themselves — and if you distribute the estate without formally inviting claims, you remain personally exposed to any debt that surfaces afterward.

What the Notice to Creditors Does

When someone dies, their creditors have a legal right to make claims against the estate for amounts owed. The problem for executors is that debts can be hidden: an unpaid contractor, a personal loan from a friend, a credit card account you did not know about, a judgment from years ago.

A Notice to Creditors is a formal public announcement asking anyone with a claim against the estate to come forward within a specified time — typically 30 days. Once that window closes, you can distribute the estate with substantially reduced exposure to surprise claims.

Without this notice, a creditor who learns of the death months or years later could potentially pursue the estate — or you personally, if you have already distributed the assets and there is nothing left to satisfy the claim. The executor's personal liability for distributing estate assets without settling legitimate debts is real and enforceable.

Where It Must Be Published in New Brunswick

Unlike some provinces where a newspaper notice suffices, in New Brunswick the Notice to Creditors should be published in the Royal Gazette — the official weekly publication of the Government of New Brunswick. The Royal Gazette is the authoritative record for official government and legal notices in the province, and publishing there establishes the clearest evidentiary record that you gave formal notice.

The publication fee is approximately $20 per notice. Given the protection it provides, this is one of the least expensive and most valuable steps in the entire administration process.

What the Notice Must Contain

A standard Notice to Creditors in New Brunswick includes:

• The full legal name of the deceased
• The date of death
• The judicial district where the estate is being administered
• A statement that the executor holds Letters Probate (or Letters of Administration) from the Court of King's Bench
• A request that all persons with claims against the estate submit those claims in writing to the executor at a specified address
• A deadline (typically 30 days from the date of publication)
• A statement that after the deadline, the executor will distribute the estate assets without regard to claims not received

The notice must be submitted to the Royal Gazette office in Fredericton. Submission is accepted by mail. The notice is typically published in the next available weekly edition following receipt and payment.

The 30-Day Waiting Period

Once the notice is published, you must wait for the specified claim period to expire before distributing any assets. Do not short-circuit this step. The entire purpose of the notice is to create a defined window after which you can distribute with protection — but only if you actually wait for the window to close.

During this 30-day period, you can continue with other estate tasks: finalizing the asset inventory, filing preliminary tax paperwork, dealing with the property, responding to beneficiary questions. The notice period and the four-month family law window under the Marital Property Act and Provision for Dependants Act often overlap, so running them concurrently reduces the total time before final distribution.

What to Do With Claims That Come In

If a creditor responds to the notice and submits a claim, you must evaluate whether it is legitimate before paying it. You are entitled — and obligated — to ask for documentation supporting the claim.

Legitimate debts must be paid from estate assets before any distributions to beneficiaries. The priority order for debt payment under Section 64(2) of the Probate Court Act runs: Crown debts (taxes) first, then secured debts (mortgages, liens), then unsecured debts paid equally (pari passu) among creditors of the same rank.

If the estate is insolvent — total debts exceed total assets — the rules become much more complex. You must not prefer one creditor over another, and you must not pay beneficiaries anything until all creditor claims are fully resolved. An insolvent estate requires a solicitor or insolvency specialist to navigate correctly.

Beneficiary Rights During the Creditor Period

Beneficiaries are entitled to know what is in the estate and to receive their inheritance — but not immediately, and not before debts are settled. Their rights during the administration period include:

• The right to be informed of the estate's existence and that a grant has been issued
• The right to receive a copy of the will (if they are named as a beneficiary)
• The right to request an accounting of the estate's assets and liabilities
• The right to object to the executor's fees at the passing of accounts stage

What they do not have is the right to demand immediate distribution, to interfere with the administration, or to receive any asset before debts, taxes, and administration costs are settled. If a beneficiary is pressuring you to skip the creditor notice or distribute early, the Notice to Creditors publication is one of the clearest ways to document why you cannot — it creates an official, dated record that you are following the legally correct process.

For complete step-by-step guidance on the Notice to Creditors process in New Brunswick — including the exact submission format, how to handle creditor claims, and how to document the distribution process for maximum personal liability protection — the New Brunswick Probate Process Guide covers this and every other stage of the administration lifecycle.

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