Nova Scotia Probate Forms: Which Ones You Need and When

The most common reason Nova Scotia probate applications get sent back is not a missing document — it's the wrong form. The court uses a highly specific set of forms under the Probate Court Practice, Procedure and Forms Regulations, and each form corresponds to an exact legal scenario. Filing Form 8 when you need Form 9, or skipping Form 2 because you assumed the original will speaks for itself, will delay your application by weeks.

This is the practical guide the Probate Court won't give you: what each form is for, when you need it, and how they sequence together.

First: Will or No Will?

Every probate filing in Nova Scotia starts with this question. If the deceased left a valid will and named an executor, you're applying for a Grant of Probate and your starting form is Form 8. If the deceased died without a will (intestate), or if the named executor cannot or will not act, you're applying for a Grant of Administration and your starting form is Form 9.

There's also a third scenario: the deceased left a will, but the named executor is unable to act and the person applying is not named in the will. In that case, the application is for a Grant of Administration with Will Annexed — which has its own pathway and forms.

The Core Application Forms

Form 8 — Application for a Grant of Probate

Used when there is a valid will and you are the named executor applying for the court's confirmation of your authority. The form requires you to identify the deceased, list the preliminary value of the estate, identify all beneficiaries, and swear the required information is accurate.

April 2024 amendment: As of April 1, 2024, the original will must be explicitly attached as an exhibit to an affidavit filed with the application — it cannot be submitted as a standalone document. This is a common source of rejection for applications prepared before this rule came into effect.

Form 9 — Application for a Grant of Administration

Used when the deceased died intestate. The applicant is typically the closest next of kin with priority under the Probate Act — spouse, then adult children, then parents, and so on. The form requires you to explain your relationship to the deceased, identify all persons with equal or prior priority, and confirm the total estate value.

Form 10 — Application for a Grant of Administration with Will Annexed

Used when the deceased left a will but the named executor is deceased, renouncing, or otherwise unable to act. The person applying is not the executor under the will but is seeking authority to administer it.

Form 11A / Form 11B — Extra-Provincial Grant Applications

Used when the deceased lived outside Nova Scotia but owned property within the province. The executor must apply separately in Nova Scotia to obtain authority to deal with those Nova Scotia assets. Form 11A applies where there is no will; Form 11B where a will exists. These applications require swearing that the original grant from the home jurisdiction is valid and that no other Nova Scotia applications are pending.

The Supporting Affidavit Forms

The application itself won't be processed without the following sworn supporting documents.

Form 2 — Affidavit Proving Execution of a Will or Codicil

This must be signed by one of the original witnesses to the will, swearing that they watched the testator sign and that proper formalities were observed. The Probate Court uses this to confirm the will wasn't forged or improperly executed.

Tracking down a witness who signed a will years or decades ago can be the most time-consuming part of the pre-filing process. If a witness has died, a lawyer will need to guide you through the alternative proof procedures.

Form 2A — Affidavit Proving Execution of a Holograph Will

Used instead of Form 2 when the will is entirely handwritten (holographic). Because holograph wills have no witnesses, the affidavit instead requires people who knew the deceased to swear that the handwriting and signature are authentic.

Form 3 — Affidavit Verifying Translation

Required if the will is written in a language other than English. A fluent translator must swear that the English translation is accurate and complete.

Form 7 — Reservation of Right to Apply for Grant

Used when a person has the right to apply for probate or administration but is not ready to do so immediately. This reserves their priority position without forcing them to act. Useful for executors who need more time to compile the application package without losing standing.

Renunciation and Consent Forms

When there are multiple people with the right to act as executor or administrator, anyone who is not applying must formally step aside.

Form 12 — Renunciation of Right to Apply for Grant of Probate

Signed by a named executor or someone with priority who does not want to act. This must be filed with the application to confirm the applicant has sole authority.

Form 13 — Renunciation of Right to Apply for Grant of Administration

The equivalent form for intestate estates. If multiple adult children have equal priority and one is applying, the others must sign Form 13. A common misunderstanding is that signing this form means giving up the inheritance — it doesn't. It only means the person is not taking on the administrative role. A plain-English letter explaining this distinction can help reluctant family members sign.

Forms 14, 15, 16 — Nomination Forms

Used when an eligible person wants to renounce their right but also wants to nominate a specific person to act in their place. Form 15 and Form 16 also require the consent of the Public Trustee in certain situations.

Security Bond Forms

If you are applying for a Grant of Administration on an intestate estate and you are not the sole beneficiary, you must post a security bond valued at 1.5 times the total estate. This protects the beneficiaries in case the administrator mismanages the estate.

Form 18 — Corporate Guarantee Policy

A surety bond from a licensed bonding or insurance company. There is a premium cost, which varies by company and estate value.

Form 19 — Personal Bond and Affidavit of Justification

An alternative to a corporate bond using personal sureties — individuals who personally guarantee the estate's value. The sureties must reside in Nova Scotia, must not be the personal representative or their lawyer, and must swear to their financial standing. This option can be difficult to arrange practically.

The court can waive the bonding requirement if the majority of beneficiaries consent in writing, or if the administrator is the sole beneficiary.

Form 1 — Fee Waiver Application

Not technically a probate form, but worth noting. Low-income executors can apply for a waiver of court filing fees under the Costs and Fees Act using this form, assessed against Schedule C income thresholds.

Post-Grant Forms

Once the court issues the grant, a second sequence of forms kicks in — all with hard deadlines.

Forms 24, 25, 26, 27 — Notices of Grant

Served on beneficiaries within 20 days of the grant. The specific form depends on the recipient: Form 24 for residuary beneficiaries, Form 25 for non-residuary beneficiaries, Form 26 for heirs in an intestacy, Form 27 for persons with potential statutory rights under the Matrimonial Property Act or similar.

Form 28 — Affidavit of Service of the Notice of Grant

Filed with the Probate Court within 60 days of the grant, proving that all required parties received the Notice. Attach copies of every served notice. Without this filing, the court will not approve the final passing of accounts.

Form 29 — Inventory

Filed within 90 days of the grant. Lists the fair market value of all real and personal property in the estate as of the date of death. Real property is reported at net value (fair market value less any mortgage or encumbrance); personal property is reported at gross value. Assets that bypass probate — jointly held property, RRSPs with named beneficiaries, life insurance payable to named beneficiaries — are not included.

This form is also where any adjustment to the initial probate tax is calculated if the preliminary estimate on Form 8 or Form 9 was off.

Form 31 — Request for Advertisement (Royal Gazette)

Submitted with a cheque for CAD 68.15 to the Royal Gazette Part I to advertise for creditors. The notice runs for six continuous months. Until the six months have elapsed, the executor cannot safely distribute assets without remaining personally exposed to creditor claims.

Forms 38 / 39 / 40 — Passing of Accounts

The final accounting to close the estate. Form 38 triggers a court hearing; Form 39 allows accounts to be passed without a hearing if all beneficiaries sign releases. Form 40 is used in specific circumstances where hearings are required. The accounting itself consists of five schedules: Inventory Adjustments (Schedule A), Income Earned (Schedule B), Disbursements (Schedule C), Assets Distributed (Schedule D), and Assets Remaining (Schedule E).

Form 43 — Notice of Taxation

If the estate is paying a solicitor, their fees must be formally reviewed and approved by the Registrar before they can be charged to the estate. Form 43 initiates this process.

Forms 44 / 24 — Land Registration Transfer Forms

Used to transfer real property out of the estate. Form 44 applies to properties still registered under the old Registry of Deeds system; Form 24 applies to properties already migrated to the Land Registration Act system. Your real estate lawyer will determine which applies and prepare the documentation.

Keeping All of This Straight

Between the application forms, the affidavits, the renunciations, the post-grant notices, and the final accounting schedules, the Nova Scotia probate process involves a minimum of six to ten separate forms — each with specific filing destinations, deadlines, and sworn requirements.

The Nova Scotia Probate Process Guide includes a form-selector flowchart that maps your exact situation (will vs. no will, sole executor vs. multiple, contested vs. uncontested) to the specific forms you need, plus plain-English instructions for completing each one. It also includes a pre-filing checklist to confirm you have everything in order before you walk into the court registry.

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