Do I need probate in New Brunswick if there is a will?

Not automatically. A will names you as executor, but it does not on its own give you authority over every asset. If the estate includes sole-name real estate, or an institution asks for a grant before releasing funds, you will still need to apply for letters probate. If everything passes by survivorship or beneficiary designation, you may not need probate at all.

How much does probate cost in New Brunswick?

New Brunswick charges a tiered probate tax under the Probate Court Act, based on the value of the estate. It is $25 for estates up to $5,000, $50 up to $10,000, $75 up to $15,000, and $100 up to $20,000. Above $20,000 the tax is $5 for every $1,000 of value, with no upper cap. Separate court filing fees may also apply. Check current amounts before filing.

Does New Brunswick have a simplified process for small estates?

No. New Brunswick has no separate small-estate or simplified probate procedure. The same letters probate process applies to estates of every size. Because the probate tax is graduated, smaller estates do pay proportionately less, but the steps and the court are the same regardless of the estate's value.

How long does probate take in New Brunswick?

It varies with the estate and the Probate Court's workload. A straightforward application can move through in a matter of weeks to a few months once the paperwork is complete and accurate. Estates that are large, contested, or involve minor beneficiaries usually take considerably longer.

New Brunswick

Do you need probate in New Brunswick?

Losing someone is hard, and sorting out their affairs can feel like a lot to take in. In New Brunswick, probate means applying to the Probate Court of New Brunswick for letters probate (when there is a will) or letters of administration (when there is not). Whether you need one depends mostly on what the person owned and how each asset was held, not simply on whether there was a will.

Check your situation

When is probate required in New Brunswick?

Probate is usually required when…

The deceased owned real estate in their sole name and the title needs to be transferred or sold.
A bank or investment firm holding a sole-name account asks for a grant before releasing the funds.
Investments or other property were registered only in the deceased's name and the institution needs proof of your authority.
The will is challenged, there are competing wills, or the estate's authority needs to be formally confirmed.
The estate has to recover a debt owed to it or is otherwise involved in a legal dispute.

Probate is usually not required when…

Every asset was held in joint tenancy with right of survivorship and passes automatically to the surviving owner.
Assets such as life insurance, an RRSP, RRIF, TFSA, or pension had a valid named beneficiary other than the estate.
The only assets are modest bank balances that the institution agrees to release without a grant at its own discretion.
The deceased owned no real estate in their sole name and nothing else needs a grant to be collected.

Simplified small-estate process

New Brunswick does not have a separate simplified small-estate process. Estates use the standard application regardless of size.

Probate fees

Tiered probate tax under Schedule A of the Probate Court Act: $25 for estates up to $5,000; $50 for $5,000-$10,000; $75 for $10,000-$15,000; $100 for $15,000-$20,000; then $5 for every $1,000 (0.5%) of value above $20,000, with no upper cap. Court filing fees under Reg. 84-9 may also apply.

Where to apply

Applications are made to the Probate Court of New Brunswick (a division of the Court of King's Bench). List every asset and how it was held. New Brunswick has no general simplified small-estate procedure, so if any asset is in the deceased's sole name, apply to the Probate Court for letters probate (with a will) or letters of administration (without one).

Common questions about probate in New Brunswick

Do I need probate in New Brunswick if there is a will?: Not automatically. A will names you as executor, but it does not on its own give you authority over every asset. If the estate includes sole-name real estate, or an institution asks for a grant before releasing funds, you will still need to apply for letters probate. If everything passes by survivorship or beneficiary designation, you may not need probate at all.
How much does probate cost in New Brunswick?: New Brunswick charges a tiered probate tax under the Probate Court Act, based on the value of the estate. It is $25 for estates up to $5,000, $50 up to $10,000, $75 up to $15,000, and $100 up to $20,000. Above $20,000 the tax is $5 for every $1,000 of value, with no upper cap. Separate court filing fees may also apply. Check current amounts before filing.
Does New Brunswick have a simplified process for small estates?: No. New Brunswick has no separate small-estate or simplified probate procedure. The same letters probate process applies to estates of every size. Because the probate tax is graduated, smaller estates do pay proportionately less, but the steps and the court are the same regardless of the estate's value.
How long does probate take in New Brunswick?: It varies with the estate and the Probate Court's workload. A straightforward application can move through in a matter of weeks to a few months once the paperwork is complete and accurate. Estates that are large, contested, or involve minor beneficiaries usually take considerably longer.

Official sources

This page is general information about probate in New Brunswick, not legal advice. Estate law changes and is specific to each situation — confirm yours with a lawyer licensed in New Brunswick.