PEI Probate Process Step by Step: How to Apply for Probate in Prince Edward Island

Probate in Prince Edward Island is administered exclusively by the Estates Section of the Supreme Court of PEI. There are no local probate courts or county registries — everything goes through one office in Charlottetown. Understanding the process before you start saves significant time and prevents rejected applications.

Do You Actually Need Probate?

Not every PEI estate requires probate. Assets that pass outside the estate don't need court involvement. The key question is how the assets were held.

Assets that bypass probate:

• Property held in joint tenancy with right of survivorship (the ownership passes automatically to the surviving joint tenant)
• Bank accounts held jointly (same principle)
• RRSPs, RRIFs, and TFSAs with a named beneficiary
• Life insurance policies with a named beneficiary (not "the estate")
• Pension plan death benefits with a named beneficiary

Assets that typically require probate:

• Real estate held solely in the deceased's name
• Bank accounts held solely in the deceased's name (if the bank requires it — thresholds vary)
• Investment accounts in the deceased's name alone
• Business interests solely owned by the deceased

If the deceased owned a house on their own, probate is almost always required before the Land Registry will register a transfer. If the estate consists mainly of joint assets and beneficiary-designated accounts, you may not need probate at all.

Step 1: Determine Which Petition You Need

PEI has three distinct probate pathways depending on the circumstances:

Form 65A — Petition for Probate Use this when there is a valid will and you are the executor named in that will.

Form 65B — Petition for Grant of Administration with Will Annexed Use this when there is a valid will, but the named executor is unable or unwilling to serve (or has died). The court appoints an administrator instead.

Form 65C — Petition for Grant of Administration Use this when there is no will (intestacy). The court appoints an administrator — typically the next of kin — to manage the estate under the Intestate Succession Act.

Choosing the wrong form means the application is rejected. Confirm which situation applies before preparing any documents.

Step 2: Compile the Required Documents

For a standard probate application (Form 65A, will with executor), you typically need:

• Petition for Probate (Form 65A): The main application identifying the deceased, the will, the estate's value, and requesting the grant
• Executor's Oath (Form 65D): Sworn statement by the executor to faithfully administer the estate, pay valid debts, and account to the court
• Estate Inventory (Form 65E): A detailed list of all assets situated in PEI, including their estimated values. This document determines the probate fee.
• Original Will: The court requires the original document, not a copy
• Certified Death Certificate

All forms are available through the Supreme Court of PEI's Estates Section.

Step 3: Calculate and Pay Probate Fees

PEI probate fees are calculated on the gross value of estate assets passing through the court — that is, assets that don't bypass probate automatically. Debts do not reduce this figure.

Special provision: If probate is needed solely to vest title to real property (and no other estate assets are involved), the fee is a flat $50.

Fees are paid when the petition is filed. Payment instructions are available from the court registry.

Step 4: File with the Supreme Court Estates Section

Submit all documents to:

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

The court accepts submissions in person or by mail. If mailing, use registered mail and keep your tracking information.

Step 5: The Royal Gazette Creditor Notice

Here is a PEI-specific detail that surprises most executors: when you file for probate, the court registrar automatically transmits a notice to the Royal Gazette (PEI's official government publication) listing the deceased and the estate. This serves as the formal Notice to Creditors.

Creditors have 6 months from the publication date to submit claims against the estate. After that deadline, barred creditors cannot recover from assets that have already been distributed.

The publication costs a base rate of $5 per inch with a $15 minimum, plus HST — and the King's Printer bills this directly to the estate. Many executors receive this invoice and don't recognize it. It's legitimate; the court initiated it on your behalf.

The practical implication: You cannot safely distribute estate assets to beneficiaries until the 6-month creditor period has expired, even if probate has already been granted.

Step 6: Wait for the Grant

Processing times at the Supreme Court's Estates Section typically range from 8 to 16 weeks, though complex applications may take longer. During this period, the executor cannot formally distribute assets, but can — and should — begin securing the estate, managing ongoing expenses (utilities, insurance), and preparing the tax filings.

Step 7: Use the Grant of Letters Probate

Once issued, the Grant of Letters Probate is your legal authority as executor. Present it (along with death certificates) to:

• Banks and financial institutions to access sole-owner accounts
• The Land Registry when transferring real property
• The vehicle registry (Access PEI) for transferring vehicles if needed
• Life insurance companies if the estate is the beneficiary

Renunciation: When the Named Executor Won't Serve

If the executor named in the will decides they cannot or will not accept the role, they must formally file a Renunciation of Probate (Form 65K) with the court. They cannot simply walk away without filing this form. Once renounced, the court can appoint an alternative administrator.

What If the Estate Is Complex?

For contested wills, insolvent estates, blended family intestacy situations, or estates with significant out-of-province assets, consider consulting a PEI estate lawyer before filing. Errors at the probate stage are correctable, but they are time-consuming and costly to fix.

The Prince Edward Island Estate Settlement Guide walks through every form and every step of this process in plain language, including the Form 65E inventory template and a complete breakdown of how probate fees are calculated based on your estate's specific asset composition.

See more Prince Edward Island guides →