NWT Probate Forms: A Guide to the Estate Administration Rules Forms

The forms for estate administration in the Northwest Territories are prescribed by the Estate Administration Rules (NWT Regulation 123-2016). They can be obtained from the Supreme Court of the NWT court registry in Yellowknife, or downloaded from the territorial court's website. There is no single "NWT probate form" — different situations require different forms, and submitting the wrong package, or the right forms in the wrong state, is a common cause of rejection and delay.

Here's a guide to the forms that matter most, what each one does, and how the packages fit together.

Two Pathways, Two Different Form Sets

The first decision that determines which forms you need is whether the estate qualifies for the simplified small estate process or requires standard probate.

Small estate (under $35,000 net probate value): Forms 2, 3, and 4 Standard probate (over $35,000 net, or any real property): Form 6 and Schedules (Forms 7–13), possibly Forms 17 and 39

Small Estate Forms: 2, 3, and 4

Form 2: Application for Declaration of Small Estate This is the initiating document for the Rule 10 small estate process. It identifies the applicant (typically the next of kin or named executor), the deceased, and the date of death. It requests the court to declare the estate a small estate under Rule 10 of the Estate Administration Rules.

Form 3: Affidavit in Support of Application (Small Estate) This affidavit must be sworn before a Commissioner for Oaths. It verifies:

• The applicant's identity and relationship to the deceased
• A summary of the estate's assets and their values
• That the total net estate value is under $35,000
• The proposed distribution

The affidavit must exclude non-probate assets (jointly held accounts, registered accounts with named beneficiaries, life insurance with named beneficiaries) from the asset list. Including these assets inflates the apparent estate value and may push the estate above the $35,000 threshold unnecessarily.

Form 4: Order (Small Estate) This is the court order the judge will issue if the application is approved. The applicant prepares it in advance and submits it with Forms 2 and 3 — the court signs and returns it. Once returned, the applicant presents the Order to financial institutions to access funds.

Filing fee: $30 for estates under $10,000; $110 for estates between $10,001 and $25,000.

Standard Probate Forms: Form 6 and Schedules

Form 6: Application for Grant of Probate / Grant of Administration

This is the primary initiating document for standard probate. It identifies:

• The deceased (full legal name, date of birth, date of death, last address)
• The applicant and their relationship to the deceased
• Whether the estate has a will (application for Grant of Probate) or does not (application for Grant of Administration)
• A summary of the estate for court reference

Form 6 is submitted together with the Affidavit in Support (Form 7) and the required Schedules.

Form 7: Affidavit in Support of Application (Standard Probate)

This is the sworn affidavit that forms the evidentiary foundation of the probate application. It must be sworn before a Commissioner for Oaths. It incorporates or attaches the Schedules (detailed in separate Schedule forms numbered 8 through 13).

The Schedules attached to Form 7 cover:

• Schedule 1: Particulars of the deceased (identification, domicile, marital status)
• Schedule 2: Description of the will (or explanation of why there is no will)
• Schedule 3: Details of the executor/administrator applying
• Schedule 4: Details of the beneficiaries
• Schedule 5: Description and value of the estate's assets and liabilities in the NWT

Critical requirement: The original will must be physically attached to the application. The court does not accept photocopies for standard probate without additional sworn affidavits explaining the absence of the original.

Filing fee: The fee is calculated on the net estate value according to the NWT probate fee schedule:

Forms for Specific Situations

Form 17: Affidavit to Dispense with Bond Used when the executor lives outside the NWT (out-of-territory executors are normally required to post a surety bond). If the estate is solvent and residuary beneficiaries consent, this affidavit requests the court to waive the bond requirement.

Form 39: Consent to Waive Bond Signed by residuary beneficiaries to support the Form 17 application.

Form 41: Notice to Creditors and Claimants This form is published in a local newspaper (not filed with the court) after the Grant is issued. It establishes the 30-day creditor claims window. See the separate post on notice to creditors in Northwest Territories for full details.

Form 42: Statutory Declaration by Creditors The form creditors file in response to Form 41, detailing their claim against the estate.

Form 55: Release Signed by residuary beneficiaries at the end of the estate administration, confirming they have reviewed and approved the executor's accounting and releasing the executor from further liability. This document is maintained privately — it is not filed with the court.

Form 56: Application to Pass Accounts Informally If beneficiaries refuse to sign Form 55, the executor can apply to pass accounts through a formal court review. This is more common in disputed estates.

Common Reasons Applications Are Rejected

Based on the research, the most common rejection reasons at the NWT court registry:

1. Original will not attached. Photocopies are not accepted without a supporting affidavit explaining the absence of the original.

2. Affidavit not properly commissioned. The affidavit must be signed in the physical presence of a Commissioner for Oaths. An electronic or remote signing without proper commissioning is invalid.

3. Out-of-NWT assets included in Schedule 5. The estate inventory for NWT probate purposes should include only assets physically located in the NWT. Assets in other provinces must be separately probated there.

4. Errors in asset valuation or identification. Inaccurate values or unclear descriptions of assets prompt court queries that delay processing.

5. Out-of-territory executor without bond or waiver. If the executor lives outside the NWT and hasn't filed Form 17 / Form 39 to waive the bond, the application will be incomplete.

How to Obtain the Forms

NWT estate administration forms are available from:

• The Supreme Court of the NWT court registry in Yellowknife (in person, by phone, or by email request)
• The territorial court's website
• The Single Window Service Centres across the territory (GSOs may have copies and can assist with completion)

Forms may be filled out electronically and printed, or handwritten in clear ink. Courts generally prefer typed applications for legibility.

For a step-by-step walkthrough of completing each form and assembling a complete probate application package, the Northwest Territories Estate Settlement Guide covers every form in the NWT estate administration process, with instructions specific to the NWT court's requirements.

See more Northwest Territories guides →