Manitoba
Do you need probate in Manitoba?
In Manitoba, probate is an application to the Court of King's Bench to confirm a will and the executor's authority, or to appoint an administrator where there is no will. Not every estate needs it. Whether you need a grant of probate or letters of administration depends on what the person owned and how it was held.
When is probate required in Manitoba?
Probate is usually required when…
- The person owned land or a home in Manitoba in their name alone, or as a tenant in common — the Land Titles Office needs a grant to transfer title.
- A bank or investment firm holds a sole-name account and its policy requires a grant before releasing the funds.
- There is no will, so someone must apply for letters of administration to gain authority to act.
- The will exists but names no executor who is able or willing to act.
- The estate is worth more than $10,000, which is above the small-estate summary procedure limit.
Probate is usually not required when…
- Everything was held jointly with right of survivorship and passes automatically to the surviving owner.
- All assets had a valid named beneficiary, such as life insurance, an RRSP, RRIF, TFSA, or pension.
- The total estate is $10,000 or less and qualifies for the summary administration of small estates under section 47.
- A bank or credit union chooses to release a modest account on an indemnity or declaration instead of a grant.
- Nothing is left in the person's sole name that a third party needs a grant to release.
Simplified small-estate process
Manitoba offers a simplified process for smaller estates valued at $10,000 or less . Under section 47 of The Court of King's Bench Surrogate Practice Act, where the total estate does not exceed $10,000 the court can order the assets paid out without any grant of probate or administration. The applicant files Form 74FF (Request for Order under Section 47); the court issues Form 74GG (Order under Section 47). The main form is Request for Order under Section 47 (Form 74FF).
Probate fees
Manitoba charges no probate fee. Probate (estate administration) charges were abolished effective 6 November 2020 — Manitoba is the only Canadian province with no probate fee. Standard court document fees may still apply.
Where to apply
Applications are made to the Court of King's Bench of Manitoba (Probate Division). List every asset and how it was held. If the whole estate is $10,000 or less, consider the section 47 summary procedure (Form 74FF); otherwise apply to the Probate Division of the Court of King's Bench for a grant.
Common questions about probate in Manitoba
- How much does probate cost in Manitoba?
- Manitoba charges no probate fee. The former probate charge was abolished on 6 November 2020, making Manitoba the only Canadian province with no probate fee. Some standard court document fees may still apply, and you may choose to pay a lawyer to help with the application, but there is no fee based on the value of the estate.
- What is the small-estate process in Manitoba?
- Under section 47 of The Court of King's Bench Surrogate Practice Act, if the total estate is $10,000 or less the court can order the assets paid out without any grant. The applicant files Form 74FF, a Request for Order under Section 47, and the court issues an order. It is faster and simpler than full probate.
- Does a jointly owned home need probate in Manitoba?
- Usually not. A home held in joint tenancy with right of survivorship passes automatically to the surviving owner, and the Land Titles Office processes that transfer without a grant. A home owned in the person's name alone, or held as a tenant in common, will normally require probate before title can be dealt with.
- Will the bank release funds without probate in Manitoba?
- Sometimes. Manitoba banks and credit unions may release a modest sole-name account on an indemnity agreement or declaration rather than requiring a grant. This is each institution's own policy, not law, and there is no fixed legal threshold. The best step is to ask each institution directly what it requires before releasing the funds.
Official sources
This page is general information about probate in Manitoba, not legal advice. Estate law changes and is specific to each situation — confirm yours with a lawyer licensed in Manitoba.