The Supreme Court of Newfoundland and Labrador has jurisdiction over the appointment and supervision of executors and administrators of the estates of deceased persons. The Court may also re-seal foreign grants of Letters of Probate or Administration, so that Executors and Administrators appointed in other jurisdictions may deal with the assets of the deceased in the Province of Newfoundland and Labrador.
Process Overview
General Information
This page provides information to assist you in applying to be appointed as the Executor or Administrator of the estate of a deceased person or to have the Public Trustee appointed as the Administrator of the estate. The type of application you will be required to file will depend upon your circumstances:
- If you are seeking to be appointed as an Executor pursuant to the Will of the deceased, you will need to apply for Letters of Probate.
- If the deceased did not have a Will, you will need to apply for Letters of Administration.
- If the deceased did have a Will, but there was no Executor named in the Will or the Executor is unable or unwilling to act, you will need to apply for Letters of Administration, CTA (Cum Testameto Annexo – With Will Annexed).
- If the original Administrator of the estate has died or has become incapable of continuing with his or her duties before completion of the administration, and you are seeking to have an Administrator appointed to complete the Administration, you will need to apply for Letters of Administration, DBN (De Bonis Non – Goods Not Administered).
- If the Executor or Administrator CTA has died or has become incapable of continuing with his or her duties before completion of the administration (and there is no other person to step in to that position according to the terms of any Will), you will need to apply for Letters of Administration, CTA DBN.
For additional assistance in completing the required forms for Petitions for Letters of Probate or Letters of Administration of the Estate of a deceased person, see the Where Do I Start document. In that document, you will find checklists outlining the documents that should be included with your application. If you have been asked to act as the executor for an estate or if you are the executor of an estate, you may find useful information on how to discharge your duties in the Executor’s Guide, a publication produced by the Public Legal Information Association of Newfoundland and Labrador.
There are fees involved in applying to the court for Letters of Probate or Administration. For information regarding fees, please refer to the Court Service Fees.
Please note that if you intend to apply for probate or administration and the deceased was a status Indian or was entitled to be registered as a status Indian, you must contact the Office of Indigenous Affairs and Reconciliation as the court may not be able to process your application. You must also contact the Office of Indigenous Affairs and Reconciliation if you intend to apply for guardianship of a person that is a status Indian or is entitled to be registered as a status Indian.
Regardless of the proceeding involved or form used, it is the litigant’s responsibility to ensure that documents filed with the court contain all the necessary information and comply with the applicable rules and law. Please read this disclaimer before using the forms. The official version of the forms can be found on the House of Assembly website.
When you click on a link to a form, it will open in a new window. The forms are in writable PDF (Adobe) format. They use a fill-in-the blank format and are best viewed with the most recent version of Adobe Acrobat Reader or Internet Explorer. You can complete the forms online and print them or you can save them to your computer so that you can return to them later. The forms can be saved to your computer with the following steps:
- Click on the link to a form and select “File” and “Save As” from your Web Browser menu
- Choose a save location and save the form to your computer
- Use Adobe Reader on your computer to open the form and enter your information
- If you would like to save the form with the information you have entered, select “File” and “Save” from the Adobe Reader menu
You can now use Adobe Reader to return to the form and your information at any time.
If you require more space than is provided on the form, you may attach additional pages to your document.
If you have any questions or comments about the forms, you may contact the court house in your area. Please note that court staff cannot provide legal advice.
Probate
When a person dies with a Will, Probate is the process of proving that a Will is valid and gives power to the personal representative (i.e. the Executor) of an estate to administer and distribute it. The Executor will be issued Letters of Probate, which is the document that the Executor can use to show they have been duly appointed.
The first step in an application for a Grant of Letters of Probate is to post a “Notice of Application” with the Registry Office of the Supreme Court. Links to the Forms are below.
If, after the 5-day notice period, you have confirmed with the Court that no caveats have been entered and no previous grant has been made, you can proceed with an application for a Grant of Letters of Probate. In the petition (application), the applicant provides information about the applicant, the deceased, the beneficiaries and the Will. The petition must be signed by the applicant or the applicant’s lawyer.
An inventory and valuation of assets must be filed with the petition/application. This inventory must list all property and assets belonging to the deceased located within Newfoundland and Labrador. This inventory will be used to set the amount of probate fees charged.
When applying for a Grant of Letters of Probate, the Will must also be included with the application. PLEASE NOTE that the Will should be marked on the back of the last page with the signatures of the petitioner/applicant, the witness completing the Proof of Will, and the person(s) taking the affidavit of the petitioner/applicant and the witness. The Will should always be referenced as Schedule A.
The Proof of Will is required as proof that the Will annexed to the application is a valid Will executed by the testator. In most cases, one of the witnesses who was present at the execution of the Will must complete the “Proof of Will”.
For additional assistance in completing the required forms for your Petition for Letters of Probate of the Estate of a deceased person, see the Where Do I Start document. In that document, you will find checklists outlining the documents that should be included with your application. If you have been asked to act as the executor for an estate or if you are the executor of an estate, you may find useful information on how to discharge your duties in the Executor’s Guide, a publication produced by the Public Legal Information Association of Newfoundland and Labrador.
All Schedules must be initialed by the Applicant and the Person taking the Oath.
Note: The following links are to PDFs and will open in a new window.
Administration
When a person dies without a Will, the next of kin can apply to the Court to have an Administrator appointed to take control of the deceased’s property and distribute it according to law. The Court will issue this person Letters of Administration, which is the document that the Administrator can use to show they have been duly appointed.
The first step in an application for a Grant of Letters of Administration is to post a “Notice of Application” with the Registry Office of the Supreme Court. Links to the Forms are below.
If, after the 5-day notice period, you have confirmed with the Court that no caveats have been entered and no previous grant has been made, you can proceed with an application for a Grant of Letters of Administration. The petition/application must be signed by the applicant or the applicant’s lawyer.
An inventory and valuation of assets must be filed with the petition/application. This inventory must list all property and assets belonging to the deceased located within Newfoundland and Labrador. This inventory will be used to set the amount of Court fees charged, and the amount of the Bond.
In most cases, a person making an application for a Grant of Letters of Administration must provide a Bond with two sureties as security for the value of the estate, unless the Court orders otherwise. An applicant may apply to the Court to dispense with the Bond.
PLEASE NOTE that in ALL instances for Administration Applications you MUST be a resident of the Province of Newfoundland and Labrador to apply EXCEPT if you are requesting that Letters be GRANTED to the Public Trustee.
For additional assistance in completing the required forms for Petitions for Letters of Administration of the Estate of a deceased person, see the Where Do I Start document. In that document, you will find checklists outlining the documents that should be included with your application.
All Schedules must be initialed by the Applicant and the Person taking the Oath.
Note: The following links are to PDFs and will open in a new window.
Administration, CTA (Cum Testamento Annexo – “With Will Annexed”)
If there is a will but it does not name an executor, or the named executor is unable or unwilling to act, the Court can, upon application of next of kin, appoint an administrator through a grant of Letters of Administration, C.T.A. C.T.A. is the abbreviation of the Latin phrase cum testament annexo, which means “with the Will annexed”.
The first step in an application for a Grant of Letters of Administration, C.T.A., is to post a “Notice of Application” with the Registry Office of the Supreme Court. Links to the Forms are below.
If, after the 5-day notice period, you have confirmed with the Court that no caveats have been entered and no previous grant has been made, you can proceed with an application for a Grant of Letters of Administration, C.T.A. The petition (application) must be signed by the applicant or the applicant’s lawyer.
When applying for a Grant of Letters of Administration, C.T.A., the Will must be included in the application. A Proof of Will is also required, as proof that the will annexed to the application is a valid Will executed by the testator. In most cases, one of the witnesses who was present at the execution of the Will must compete the “Proof of Will”.
An inventory and valuation of assets must be filed with the petition/application. This inventory must list all property and assets belonging to the deceased located within Newfoundland and Labrador. This inventory will be used to set the amount of Court fees charged, and the amount of the Bond.
In most cases, a person making an application for a Grant of Letters of Administration, C.T.A. must provide a Bond with two sureties as security for the value of the estate, unless the Court orders otherwise. An applicant may apply to the Court to dispense with the Bond.
PLEASE NOTE that in ALL instances for Administration Applications you MUST be a resident of the Province of Newfoundland and Labrador to apply EXCEPT if you are requesting that Letters be GRANTED to the Public Trustee.
A Will (always referenced as Schedule A) MUST be signed on the back page by the following individuals:
- Petitioner/Applicant
- The witness completing the Proof of Will
- The person(s) taking the affidavit of petitioner/applicant and the witness
For additional assistance in completing the required forms for Petitions for Letters of Administration, C.T.A. of the Estate of a deceased person, see the Where Do I Start document. In that document, you will find checklists outlining the documents that should be included with your application.
All Schedules must be initialed by the Applicant and the Person taking the Oath.
Note: The following links are to PDFs and will open in a new window.
Administration, DBN (De Bonis Non – “Goods Not Administered”)
If an administrator of an estate dies or becomes incapable of continuing with his or her duties after a grant is made, but prior to the completion of the administration, the Court can, upon application of the next of kin, appoint an Administrator through a grant of Letters of Administration, D.B.N. The Administrator so appointed can then complete the administration of the estate.
The first step in an application for a Grant of Letters of Administration, D.B.N., is to post a “Notice of Application” with the Registry Office of the Supreme Court. Links to the Forms are below.
If, after the 5-day notice period, you have confirmed with the Court that no caveats have been entered and no previous grant has been made, you can proceed with an application for a Grant of Letters of Administration, D.B.N. The petition (application) must be signed by the applicant or the applicant’s lawyer.
An inventory and valuation of assets is required. This inventory is for property and assets located within Newfoundland and Labrador. This inventory will be used to set the amount of Court fees charged, and the amount of the Bond. In the case of an application for a Grant of Letters of Administration, D.B.N., the inventory should be only of the property remaining unadministered at the time of the previous administrator’s death, but the value given to that property should be based on its value at the time of the testator’s death.
In most cases, a person making an application for a Grant of Letters of Administration, D.B.N.. must provide a Bond with two sureties as security for the value of the estate, unless the Court orders otherwise. An applicant may apply to the Court to dispense with the Bond.
PLEASE NOTE that in ALL instances for Administration Applications you MUST be a resident of the Province of Newfoundland and Labrador to apply EXCEPT if you are requesting that Letters be GRANTED to the Public Trustee.
All Schedules must be initialed by the Applicant and the Person taking the Oath.
Note: The following links are to PDFs and will open in a new window.
| Required | If Applicable | Attachments |
| Notice of Application | Withdrawal – Notice of Application | Certified Copy of Previous Grant |
| Petition | Caveat | |
| Affidavit | Withdrawal – Caveat | |
| Inventory | Renunciation | |
| Oath of Administrator, DBN | Consent to Appointment | |
| Bond – Administration, DBN | Affidavit to Dispense with Bond | |
| Order | Consent to Dispense with Bond |
Administration CTA DBN
If an Executor or Administrator, C.T.A. of an estate dies or becomes incapable of continuing with his or her duties after a grant is made, but prior to the completion of the administration, the Court can, upon application of the next of kin, appoint an Administrator through a grant of Letters of Administration, C.T.A., D.B.N. The Administrator so appointed can then complete the administration of the estate.
The first step in an application for a Grant of Letters of Administration, C.T.A. D.B.N., is to post a “Notice of Application” with the Registry Office of the Supreme Court. Links to the Forms are below.
If, after the 5-day notice period, you have confirmed with the Court that no caveats have been entered and no previous grant has been made, you can proceed with an application for a Grant of Letters of Administration, C.T.A. D.B.N. The petition (application) must be signed by the applicant or the applicant’s lawyer.
A certified copy of the previous Grant and Will must be included in the application.
An inventory and valuation of assets is also required. This inventory is for property and assets located within Newfoundland and Labrador. This inventory will be used to set the amount of Court fees charged, and the amount of the Bond. In the case of an application for a Grant of Letters of Administration, C.T.A. D.B.N., the inventory should be only of the property remaining unadministered at the time of the previous administrator’s death, but the value given to that property should be based on its value at the time of the testator’s death.
In most cases, a person making an application for a Grant of Letters of Administration, D.B.N.. must provide a Bond with two sureties as security for the value of the estate, unless the Court orders otherwise. An applicant may apply to the Court to dispense with the Bond.
PLEASE NOTE that in ALL instances for Administration Applications you MUST be a resident of the Province of Newfoundland and Labrador to apply EXCEPT if you are requesting that Letters be GRANTED to the Public Trustee.
All Schedules must be initialed by the Applicant and the Person taking the Oath.
Note: The following links are to PDFs and will open in a new window.
| Required | If Applicable | Attachments |
| Notice of Application | Withdrawal – Notice of Application | Certified Copy of Previous Grant |
| Petition | Caveat | |
| Affadavit | Withdrawal – Caveat | |
| Inventory | Renunciation | |
| Oath of Administrator, CTA DBN | Consent to Appointment | |
| Bond – Administration, CTA DBN | Affidavit to Dispense with Bond | |
| Order | Consent to Dispense with Bond |
Does an estate have to go through probate or administration?
The type of assets in the estate usually determine whether an estate should be probated or administered, and not the value of the estate. This may be required to enable certain property transactions or to get access to accounts in financial institutions. You should consult a lawyer if you are uncertain whether an estate should be probated or administered.
An executor who acts without a grant of probate may be liable if the Will acted upon is later proven to be invalid. A grant of probate acts as a guarantee that the Will is valid and that the executor has the rights and bears the responsibilities of distributing the estate. The same applies for a person acting as administrator.
Are there any fees involved?
The fees charged when a Grant of Probate or Letters of Administration is issued are based on the value of the estate. For information regarding fees, please refer to the Court Service Fees.
How can I check whether someone has already been appointed as an Executor or Administrator of an Estate?
If you wish to determine if a matter has been probated or administered through the Supreme Court in the Province of Newfoundland and Labrador you will have to complete a Requisition for Probate Search Form and deliver it to the Court’s registry with applicable payment, or e-mail searchandcopyrequest@supreme.court.nl.ca and include the name of the deceased, their date of death and city/town of residence, together with indication of the intended form of payment. Members of the Bar also have the option to perform a search via the E-filing portal https://supreme.efile.court.nl.ca/.
To find out is someone has already posted a Notice of Application to be appointed as an Executor or Administrator of the Estate of a deceased person, you may search here.
Relevant Statutes
A complete list of the Statutes of Newfoundland and Labrador may be found on the House of Assembly’s website. Links to some acts commonly referenced in probate and administration proceedings are included below:
Resealing of Foreign Grants of Probate and Administration Order
Rules of Procedure
Rule 56 of the Rules of Supreme Court, 1986 governs the procedure in probate and administration matters before the Supreme Court of Newfoundland and Labrador. You may also have to consult other rules in the Rules of the Supreme Court, 1986, if a matter arises that is not dealt with in Rule 56.
Practice Notes
The Court issues practices notes, which may affect how the rules are interpreted or applied. The official versions of the Practice Notes, issued pursuant to Rule 4.04 of the Rules of the Supreme Court, 1986, are published in the Newfoundland and Labrador Gazette. The following Practice Notes apply specifically to probate and administration matters:
Applications to Appoint the Public Trustee (P.N. No. 2020-01) – Rules affected: N/A
Dispensing with administration bonds (P.N. (TD) No. 2001-02) – Rules affected: 56.21; and 56.22
Applications to Reseal Quebec Notarial Wills (P.N. (TD) No. 2011-01) – Rules affected: 56
Other Practice Notes, applicable to civil proceedings generally, may also apply to your matter. There is a complete list of these here.
Forms
Rule 56 of the Rules of the Supreme Court, 1986, prescribes a number of forms. Rule 4.01(1) provides that the forms appended to the rules shall be used where applicable with such variations as the circumstances of the particular proceeding require. The official versions of the forms are found on the House of Assembly’s website. Below, you will find fillable versions of the forms used in Probate and Administration proceedings for your convenience. Depending on the nature of your matter, you may have to use other forms applicable to civil proceedings generally. Those forms may be found here.
For information about what forms you will need to complete and submit with your application, see the “Process Overview” section above.
IMPORTANT NOTES:
*All original signatures must be in BLUE INK.
*All documents must be single-sided.
*To ensure your web browser is loading the most recent version of forms on this website, please refresh your browser by hitting the Shift + F5 keys after opening a form.
| Form 56.04A – Notice of Application | PDF Version |
| Form 56.04B – Withdrawal of Notice of Application | PDF Version |
| Form 56.04AA – Caveat | PDF Version |
| Form 56.04AB – Withdrawal of Caveat | PDF Version |
| Form 56.05A – Petition
Probate (one executor) Probate (two executors) Probate (Ancillary) Administration (one administrator) Administration (two administrators) Administration, CTA (one administrator) Administration, CTA (two administrators) Administration, DBN (one administrator) Administration, CTA DBN (one administrator) |
|
| Form 56.10A – Inventory and Valuation of the Property of the Estate | PDF Version |
| Form 56.11A – Proof of Will
Proof of Will Proof of Codicil Proof of Will (Marksman) |
|
| Form 56.11B – Affidavit Proving Execution of a Holograph Will | PDF Version |
| Form 56.12A – Affidavit Verifying Translation of a Will Written in a Language Other than the English Language | PDF Version |
| Form 56.21A – Administration Bond | PDF Version |
| Form 56.21B – Administration Bond With Will Annexed | PDF Version |
| Form 56.29A – Form of Release | PDF Version |
| Form 56.29B – Affidavit of Execution of a Release | PDF Version |
| Form 56.33B – Oath (or Affirmation) of Executor | PDF Version |
| Form 56.33C – Oath (or Affirmation) of Administration | PDF Version |
| Form 56.33D – Oath (or Affirmation) of Administrator With Will Annexed | PDF Version |
| Order Granting Letters of Probate
Order (one executor) Order (two executors) Order for Ancillary Letters of Probate |
|
| Order Granting Letters of Administration
Order (one administrator) Order (two administrators) |
|
| Order Granting Letters of Administration With Will Annexed
Order (one administrator) Order (two administrators) |
|
| Order Granting Letters of Administration, De Bonis Non | PDF Version |
| Order Granting Letters of Administration, CTA De Bonis Non | PDF Version |
| Renunciation of Probate | PDF Version |
| Consent (to Appointment) | PDF Version |
| Affidavit (to Dispense with Bond) | PDF Version |
| Consent (to Dispense with Bond) | PDF Version |
| Affidavit | PDF Version |