Nunavut Probate Process: How to Apply for a Grant of Probate

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 a formal Grant of Probate or Letters of Administration in every case. Two limited situations may avoid the full process.

Small-estate declarations. Nunavut does not have a universally applicable small-estate declaration statute that lets families bypass the court. A narrow declaration used in a national tobacco class action applied to estates under $35,000, but that is not a general probate shortcut.

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:

• Gross estate value under $10,000: $25
• Gross estate value $10,000 to $25,000: $100
• Gross estate value $25,000 to $125,000: $200
• Gross estate value $125,000 to $250,000: $300
• Gross estate value over $250,000: $400
• Certified copies of the Grant or Letters of Administration: confirm the current court fee with the registry

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 gross estate value, excluding life insurance with named beneficiaries and mortgages on real estate. Ordinary unsecured debts should not be treated as a deduction when placing the estate in a fee tier.

What Documents You Need to File

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

Form 14 — Grant of Probate. This is the court filing used when there is a valid will and a named executor seeking probate. Confirm the current supporting-document requirements with the Nunavut Court of Justice.

The application should be supported by the original will and a complete inventory of the estate's assets and liabilities. Include 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 Form 16. Form 17 is used for administration with a will annexed when the named executor cannot act. These applications typically require an administration bond, often a double surety bond, although a judge may have discretion to dispense with it.

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, processing time varies. If the application has errors or missing documents, it may be returned by mail and add further delay. 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. Many institutions 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 begin the process of dealing with bank accounts, selling or transferring real estate, and notifying creditors of the estate administration.

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.

See more Nunavut guides →