Clients often ask why they are required to probate an Estate when the deceased had a valid Will. Letters Probate is an order of the Saskatchewan Court of Queen’s Bench recognizing the Will as valid and confirming the Executor's authority to act on behalf of the Estate. In order to obtain Letters Probate, an application must be made to the Court and approved by a Justice of the Court. The Estate will also be charged Court Registrar’s fees to make the application based on a fixed percentage of the Estate value.

In Saskatchewan, obtaining Letters Probate is most often required because:

1. The deceased owned land or mineral rights in their sole name; 
2. The deceased had personal property in their sole name of a significant value; or
3. The deceased directed an intergenerational transfer of assets.

When the deceased owns land or mineral rights in Saskatchewan in their sole name, Letters Probate will always be required. The Executor will not be able to sell or transfer the land or mineral rights until Letters Probate is obtained.

When the deceased owns personal property of a significant value, the financial institution holding the assets will decide whether they require Letters Probate be obtained before transferring any of the assets. What constitutes a significant value of personal property will differ between financial institutions. A lawyer can aid in discussions with financial institutions about whether Letters Probate will be required for an Estate. In specific circumstances, a financial institution may change its initial decision to require Letters Probate on the condition that the Executor sign an indemnity and release. 

There may be other circumstances that arise requiring an Executor to obtain Letters Probate. If you are named as an Executor in a Will and are unsure whether you will need to obtain Letters Probate, please contact a lawyer on our Estate Administration team. Our Estate Administration team can assist you with determining if Letters Probate is required and completing the application for Letters Probate.

About the Author:

Kelsey is an associate in the Regina office where she maintains a general litigation practice with an emphasis on insurance law.

About McKercher LLP:

McKercher LLP is one of Saskatchewan’s largest, most established law firms, with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have helped our firm to rank in the top 5 in Saskatchewan by Canadian Lawyer magazine (2021/22). Integrity, experience, and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions.

This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances.  Counsel should be consulted concerning your own situation and any specific legal questions you may have.