Nunavut Probate and Out-of-Territory Property: What Executors Must Know

A Grant of Probate issued by the Nunavut Court of Justice gives the executor legal authority to administer the deceased's estate within the territory. What it does not give is automatic authority to deal with real property — or in some cases financial assets — located in another province or territory. When a Nunavut resident dies owning a vacation property in Newfoundland, a bank account in Ontario, or investment assets managed by a firm in Vancouver, the executor must navigate multi-jurisdictional probate. This is one of the most legally complex estate situations a layperson can encounter, and it almost always requires professional legal assistance.

Why One Grant of Probate Is Not Enough

Each province and territory in Canada is a separate legal jurisdiction with its own court system and property law. A Nunavut Grant of Probate is recognized as valid within Nunavut, but other provinces are not automatically obligated to act on it. To deal with real property in another province, the executor must apply for ancillary probate — sometimes called "resealing" — in that specific jurisdiction.

The process for ancillary probate varies by province. In some jurisdictions, the executor can apply to have the Nunavut Grant of Probate resealed without submitting a full new probate application. In others, the process is closer to a full probate filing. In all cases, the executor will need a lawyer admitted to the bar in that province to file the application.

Identifying Out-of-Territory Assets

The executor's first obligation after probate is to prepare a complete inventory of the estate. This includes:

• Real property: any land, cabin, or home owned by the deceased in any province or territory — not just Nunavut
• Financial accounts: banks sometimes maintain accounts in provinces where the deceased originally opened them, regardless of where they subsequently lived
• Investment accounts: mutual funds, retirement accounts, and investment portfolios managed by national firms
• Business interests: any ownership stakes in companies incorporated in other provinces

For each out-of-territory asset, the executor must determine what legal process is required to transfer or liquidate it. For financial accounts, many banks will release funds on production of the Nunavut Grant of Probate and a certified Death Certificate, without requiring formal ancillary probate. For real property, ancillary probate is almost always required.

The Nunavut Land Titles Process

Within Nunavut itself, transferring real property requires filing Form 21 (Transmission Application) with the Nunavut Land Titles Office. The fee is $2.00 per $1,000 of property value, subject to a $100 minimum. This step is separate from probate fees and is required even after the Grant of Probate is obtained.

When to Get a Lawyer

Any estate that includes real property in another province requires legal counsel in that province. This is not optional — the executor cannot handle foreign property transfers without local legal expertise, and mistakes in the process can result in invalid transfers, personal liability, or frozen assets.

Trigger points for immediate legal consultation:

• The estate includes land, a cabin, or a home in another province
• The deceased had a business in another jurisdiction
• The estate appears insolvent (debts exceed assets) and there are creditors in multiple provinces
• There are disputes among beneficiaries about whether to sell or retain specific assets

Nunavut legal resources for estate matters: the Nunavut Legal Aid Commission provides services to eligible residents; the Nunavut Law Society maintains a directory of lawyers who practice in the territory.

For the complete estate settlement guide — including the Nunavut probate process, Form 21 land title transfer, and the multi-jurisdictional property checklist — see the Nunavut Funeral Laws & Consumer Rights Guide at /ca/nunavut/survivor-benefits/.

See more Nunavut guides →