Saskatchewan Probate Forms: Every Document in the King's Bench Application

The Court of King's Bench in Saskatchewan does not accept a simple letter and a copy of the will. Probate requires a precisely assembled package of sworn legal documents — what the court calls the Part 16 forms, governed by The King's Bench Rules. Get them right and the registry grants authority. Miss a form, swear an affidavit in the wrong sequence, or produce a photocopy where an original is required, and the application comes back. You lose your queue position and add weeks to an already slow process.

This post covers every form in the standard Saskatchewan probate application: what it is, who fills it out, what information it requires, and the specific mistakes that cause rejections.

The Core Forms Required in Almost Every Application

Whether the estate is large or modest, whether property is involved or not, five documents appear in nearly every Letters Probate application filed with the King's Bench.

Application for Grant of Probate (Form 16-11A)

This is the petition itself — the document that opens the case and formally asks the court to issue Letters Probate. It is prepared by the executor and requires 15 specific factual statements about the deceased and the estate.

Those 15 statements cover: the full legal name, occupation, and last address of the deceased; the date and place of death; the date the will was signed; a description of the original will attached to the application; the deceased's marital status at date of death; the full names, addresses, and relationships of all beneficiaries named in the will; confirmation that no beneficiary under the age of 18 has an interest in the estate (or that the Public Guardian and Trustee has been notified if one does); and confirmation that no prior application for probate has been made in Saskatchewan or any other jurisdiction.

Every one of those 15 statements must be answered. Missing even one triggers a deficiency notice from the court registrar.

Affidavit of Applicant for Probate (Form 16-13A)

This is the sworn statement that makes Form 16-11A legally operative. The executor swears before a Commissioner for Oaths or Notary Public that the contents of the application are true, that the attached will is genuine and is the last testamentary document the deceased executed, and that the executor promises to faithfully administer the estate and render accounts within two years as required by law.

This affidavit must be sworn in person — the executor's physical presence before the commissioner is mandatory. Remote video-swearing is not accepted. If the executor lives out of province, they can swear the affidavit before a Commissioner for Oaths in their own province, but the commissioner's credentials and appointment jurisdiction must be clearly identified on the document.

Statement of Property (Form 16-14)

Form 16-14 is the financial foundation of the application. It catalogs every asset belonging to the estate — all real property and all personal property — at fair market value as of the date of death. The total from this form is the basis on which the court calculates the probate fee: $7 for every $1,000 of gross estate value passing through the court.

A $500,000 estate with no joint assets or named beneficiaries generates $3,500 in probate fees. An estate where $300,000 passes outside the estate through joint accounts and beneficiary designations pays fees only on the remaining $200,000 — $1,400.

The calculation must match exactly. If the arithmetic on Form 16-14 does not reconcile with the probate tariff payment submitted with the filing, the application will be returned.

Two categories of asset valuation cause the most difficulty. Real property must be stated at fair market value, not assessed value for tax purposes — those two numbers are often very different, and the court expects market value. For assets like uncertified mineral rights, farming equipment, or closely held business interests, a formal appraisal may be necessary. Personal property that is difficult to value — art, jewelry, collectibles — should also be supported by a written appraisal or a defensible methodology.

Affidavit of Execution of Will (Form 16-19A)

Sworn by one of the original witnesses to the will — the person who watched the testator sign. They confirm the date, that the testator appeared of sound mind, and that they witnessed the signing in person. Only one witness needs to swear this form.

Finding that witness years later is one of the most common delays in Saskatchewan probate. If the witness is deceased, moved out of province, or cannot be located, the executor cannot skip this form — the court requires alternative evidence establishing execution, typically sworn affidavits from people familiar with the testator's handwriting. That is a clear escalation trigger for legal assistance.

For holograph wills written entirely in the testator's own hand, Form 16-19A does not apply. Form 16-19B (Affidavit Verifying Handwriting of Holograph Will) is required instead, sworn by someone familiar with the deceased's handwriting.

Original Will

The original physical document — not a photocopy, not a scanned PDF — must be included in the filing package. The court retains the original. Any staples, paperclips, or markings added to the will after execution create questions about whether the document has been altered, which the court must investigate before the grant is issued. Keep the original will in the exact condition in which it was found.

Conditional Forms: When They Apply

Several Part 16 forms are required only in specific circumstances. Knowing which ones apply to the estate you are administering can prevent both missed submissions and unnecessary paperwork.

Notice to the Public Guardian and Trustee (Form 16-12)

If any beneficiary named in the will is under the age of 18, or if a dependent adult has an interest in the estate, serving this notice on the Public Guardian and Trustee of Saskatchewan is not optional — it is a statutory requirement. The PGT charges $50 per consent for accepting service or issuing required certificates.

Proof that the notice was properly served must be included in the court application package. If proof of service is missing, the application is rejected. This is a straightforward procedural step, but it is frequently omitted by self-represented executors who do not realize a minor beneficiary triggers the requirement.

Certificate of No Persons Under 18 Years (Form 16-7)

In many transactions following the probate grant — particularly land title transmissions through the Information Services Corporation — a certificate confirming that no minors have an interest in the estate is required before the ISC will process a transfer. The court issues this certificate for $25. It is not part of the initial probate filing but is obtained from the King's Bench registry after the grant issues.

If no beneficiary is under 18, request this certificate at the time of filing or immediately after the grant is issued. It will likely be needed for property transfers.

Renunciation of Probate (Form 16-16)

If the person named as executor in the will decides not to act — because of personal circumstances, distance, or unwillingness to take on the responsibility — they must formally step aside using this form. A named executor who simply ignores the appointment without formally renouncing creates legal uncertainty. Form 16-16 allows a named executor to legally relinquish the role, freeing the court to appoint an alternate executor or an administrator.

Application in Small Estates — Memorandum to the Judge (Form 16-36)

For estates worth $25,000 or less that contain no real property, Saskatchewan provides an alternative to the full Letters Probate process. Instead of the complete Part 16 application, the executor submits Form 16-36 directly to the court with a $100 flat filing fee. This route entirely bypasses the formal grant process.

The restriction is strict: no real property. A single piece of land, a rural lot, a condominium — any real property disqualifies this route. If the estate contains real property but is worth $15,000 or less, a separate simplified process applies where the local court registrar assists with the documentation for a $300 fee plus the standard probate tariff.

Affidavit for Grant of Administration (Form 16-11C) and Administration Bond (Form 16-31)

These forms apply exclusively to intestate estates — where the deceased died without a valid will. If a will you assumed was valid turns out to be legally defective, the estate shifts to an intestacy process. The applicant seeks Letters of Administration using Form 16-11C, and is generally required to post an Administration Bond — a financial guarantee from an insurer protecting the estate from mismanagement. The bond can be waived if all beneficiaries and creditors unanimously consent in sworn statements, but that waiver is not automatic.

Assembling and Filing the Package

All affidavits must be sworn before a Commissioner for Oaths or a Notary Public — the court does not accept unsworn documents. The package is submitted in person or by mail to the King's Bench judicial centre serving the area where the deceased last resided (Regina, Saskatoon, Prince Albert, Battleford, Moose Jaw, Swift Current, Yorkton, Estevan, or Melfort). The standard filing fee is $200, payable at submission, separate from the probate tariff.

The registrar checks the filing for completeness and procedural compliance. If correct, it proceeds to judicial review and Letters Probate is issued with the court seal. If not, it is returned. The most common rejection triggers: missing or unsworn affidavits, arithmetic errors in Form 16-14, failure to document PGT notice when minors are involved, and incomplete answers to the 15 required statements in Form 16-11A. At six to twelve weeks of processing time per submission, a single rejection adds months to the timeline.

All Part 16 forms are available from the Courts of Saskatchewan website as PDF templates. The Saskatchewan Probate Process Guide provides a field-by-field walkthrough of each core form, sample Statement of Property entries, and a pre-submission checklist designed to catch the specific errors that cause Saskatchewan registrars to reject first-time applications.

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