Nunavut Probate Process

Most executors in Nunavut assume probate is either optional or prohibitively expensive. Neither belief is accurate. Probate — the court process of officially certifying a will and granting the executor legal authority — is required by most financial institutions and the Land Titles Office before they will release funds or transfer property. And the court fees are among the lowest in Canada. The problem is not cost; it is the process itself, which runs entirely on paper submitted by mail to the Nunavut Court of Justice in Iqaluit.

When Is Probate Actually Required?

Technically, Nunavut law does not require probate in every case. The court recognizes two limited exceptions.

Summary administration applies when the total estate value is $3,000 or less. In that case, the court clerk may prepare the application on behalf of the applicant, and formal proceedings are simplified. However, $3,000 is an extremely low threshold. A snowmobile, a boat, or even a modest bank balance pushes most modern estates above it. Summary administration is rarely available.

Bank discretion. Banks may release funds without requiring a formal Grant of Probate if the executor signs a personal indemnity agreement — a written guarantee to repay the bank if a larger claim against the estate emerges later. Some banks will do this for small accounts used for funeral expenses. Most banks will not do it for larger balances.

In practice, probate is required for any estate that includes significant bank accounts, registered investments (RRSPs, RRIFs, TFSAs without a named beneficiary), life insurance without a named beneficiary, or real property held solely by the deceased. If the deceased owned a home or a meaningful bank account, you should plan for probate.

The Nunavut Probate Fee Schedule

This is where Nunavut surprises people. Compared to provinces like British Columbia (where probate fees can reach 1.4% of estate value), Nunavut's fees are extremely modest:

• Net estate value under $10,000: $25
• Net estate value $10,000 to $25,000: $100
• Net estate value $25,000 to $125,000: $200
• Net estate value $125,000 to $250,000: $300
• Net estate value over $250,000: $400
• Opening a file for other estate matters (such as Letters of Administration with no will): $100
• Certified copy of Grant of Probate or Letters of Administration: $10 per copy

Order at least four to six certified copies of the Grant. Banks, the Land Titles Office, insurance companies, and other institutions each require their own certified copy, and will not accept photocopies.

The fee is calculated on the net estate value — assets minus debts. An estate with $200,000 in assets and $80,000 in mortgage debt has a net value of $120,000 and pays $200, not $300.

What Documents You Need to File

The Nunavut Court of Justice uses specific forms. The primary documents for a probate application include:

Form 1 — Application for Probate. This is the formal request asking the court to recognize the will and grant probate. It requires identifying information about the deceased and the executor, a statement that the will is the deceased's last will, and the net value of the estate.

Form 11 — Affidavit of Execution. This is a sworn statement confirming that the will was properly executed (signed by the testator and witnessed). One of the witnesses to the will swears this affidavit. If no witness is available, a solicitor's affidavit or court order may substitute.

Schedule of Assets (Form 8). A complete inventory of the estate's assets and liabilities, used to calculate the net estate value and determine the correct fee bracket. This document needs to be thorough — it should include all financial accounts, real property, vehicles, snowmobiles, boats, RRSPs, life insurance without named beneficiaries, and personal property of value.

The original will. The court requires the original document, not a copy. Keep a photocopy before mailing.

For estates without a will, the application is for Letters of Administration using different forms (Form 16 for no will, Form 17 for administration with a will annexed when the named executor cannot act). These also require the administration bond — a financial guarantee that protects beneficiaries and creditors.

Where and How to File

Mail or deliver everything to the Nunavut Court of Justice Civil Registry:

Nunavut Justice Centre, Building 510
PO Box 297
Iqaluit, NU, X0A 0H0

There is no online filing portal. Everything goes by mail. Send documents by registered mail or a courier service with tracking — you are mailing original, irreplaceable documents. Keep photocopies of everything you send.

Pay the filing fee by cheque or money order payable to the Government of Nunavut. Do not send cash.

Processing Time and What Happens Next

After the court receives a complete application, expect 4 to 12 weeks for processing. If the application has errors or missing documents, it will be returned by mail — adding more weeks to the process. The first submission needs to be correct.

Once the Grant of Probate issues, you receive certified copies from the court. These are the documents you deliver to banks, the Land Titles Office, and other institutions to establish your legal authority as executor. Every institution will want to see a certified copy — not a photocopy, and not the original Grant itself (keep the originals safely).

With the Grant in hand, you can formally freeze and then access bank accounts, begin the process of selling or transferring real estate, and notify creditors of the estate administration. The clock on many post-probate deadlines starts running from the date of the Grant.

Holograph Wills and a Special Note on Nunavut

Nunavut recognizes holograph wills — a will written entirely in the deceased's own handwriting and signed, with no witnesses required. If the deceased wrote out their wishes by hand rather than using a typed document, that handwritten will is legally valid as long as it meets those requirements. Present it to the NCJ as the original will in your probate application.

If there is any doubt about whether a document qualifies as a valid will, consult a lawyer before taking any steps. The Legal Services Board of Nunavut (Nunavut Legal Aid) can provide guidance at reduced or no cost for eligible applicants.

The complete Nunavut probate guide includes annotated instructions for each probate form, the complete fee schedule, post-probate steps for banking and property transfer, and the full sequence from death certificate to final distribution.

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