PEI Probate Forms Explained: Forms 65A, 65C, 65E, and More

PEI's probate system uses a series of numbered court forms. The names are archaic, the terminology is dense, and the government websites list them as raw PDFs without explaining when to use each one or how to fill them in. Here is a plain-language breakdown of the forms you're most likely to encounter.

Form 65A — Petition for Probate

When to use it: There is a valid will, and you are the executor named in that will.

This is the main application form for probate when a will exists and the named executor is applying. It identifies the deceased, their date of death, the gross value of the estate assets located in PEI, and formally requests the court to grant Letters of Probate — the legal document authorizing you to act as executor.

What the form asks you to disclose:

• The deceased's full name, last residential address, and date of death
• The date of the will (and any codicils)
• A statement that the will is valid and has not been revoked
• The gross value of estate assets in PEI (which determines probate fees)
• The names and addresses of all beneficiaries

The original will must be submitted with this form — not a copy.

Form 65B — Petition for Grant of Administration with Will Annexed

When to use it: There is a valid will, but the named executor cannot or will not serve.

If the executor named in the will has predeceased the testator, is incapacitated, renounces the role, or simply refuses to serve, an administrator must be appointed instead. Form 65B initiates this process. The applicant — usually a beneficiary or the next of kin — applies to be appointed as administrator.

Form 65C — Petition for Grant of Administration

When to use it: There is no will at all (intestacy).

Form 65C is the intestacy equivalent of Form 65A. The applicant (typically the next of kin — spouse first, then children) applies to be appointed as administrator, and the estate will be distributed according to PEI's Intestate Succession Act rather than a will.

Form 65D — Executor's or Administrator's Oath

When to use it: Filed with either Form 65A or 65C.

This is a sworn statement in which the executor or administrator commits to faithfully administer the estate: collecting all assets, paying valid debts, and accounting properly to the court. It must be sworn before a lawyer, notary, or commissioner for oaths.

Form 65E — Estate Inventory

When to use it: Filed alongside the probate or administration petition.

This is one of the most practically important documents in the PEI probate process. Form 65E is a comprehensive inventory of all estate assets. The court uses it to calculate probate fees — so getting this right matters financially.

What belongs in Form 65E:

• Real property in PEI (list each property separately with estimated current market value)
• Bank accounts and investment accounts held in the deceased's name alone
• Vehicles
• Personal property of significant value (jewellery, art, business equipment)
• Shares or business interests held solely by the deceased

What does NOT belong in Form 65E (excluded from probate fee calculation):

• Property held in joint tenancy with right of survivorship
• Bank accounts held jointly
• RRSPs, RRIFs, TFSAs with named beneficiaries
• Life insurance with named beneficiaries
• Pension death benefits with named beneficiaries

The debts of the estate are also listed in Form 65E — mortgages, loans, outstanding bills — but debts do not reduce the gross asset figure used for fee calculation.

Practical tip: PEI probate fees are calculated on gross asset values, not net equity. A house worth $450,000 with a $200,000 mortgage is listed as $450,000. The mortgage is noted separately as a liability but doesn't reduce the fee base.

Form 65K — Renunciation of Probate

When to use it: The named executor wants to formally decline the role.

An executor cannot simply decide not to act and stay silent about it. They must file Form 65K with the Supreme Court to formally renounce the executorship. Once renounced, the court can appoint an administrator with will annexed (via Form 65B) or the alternate executor named in the will, if one was specified.

The renunciation must be executed before an oath commissioner and submitted to the Estates Section before the 30-day acceptance deadline expires.

Form 65WW — Petition to Pass Accounts

When to use it: At the end of the estate administration, before final distributions.

When the estate is ready to close, the executor submits a final accounting to the court — a detailed record of all money received, all expenses paid, all debts settled, and the proposed distribution to beneficiaries. Form 65WW initiates the court approval of this accounting. Beneficiaries are notified and may object if they believe the accounting is inaccurate or that the executor acted improperly.

Where to Get the Forms

All PEI probate forms are available from the Supreme Court Estates Section:

Supreme Court of PEI — Estates Section 42 Water Street, Charlottetown, PE C1A 7N8 Phone: 902-368-6000

Forms may also be available on the PEI court website. The government provides them as fillable PDFs, but the forms themselves do not include explanatory instructions for how to populate the fields — which is where most first-time executors get stuck.

The Form 65E Is the Critical Starting Point

Before you can file any of the petitions, you need an accurate estate inventory. Errors in the inventory — missing assets, wrong values, misclassifying joint property as probate property — lead to either overpaying fees or having the application rejected by the court registrar.

The Prince Edward Island Estate Settlement Guide includes a structured inventory worksheet built to match the Form 65E requirements, so you can compile and verify your asset list before you ever touch the official forms. It also includes plain-language instructions for completing each form field.

See more Prince Edward Island guides →