Do I need probate in Nunavut if there is a will?

Not always. A will names you as executor, but it does not by itself give you authority over every asset. If the estate includes sole-name titled real estate, or a bank asks for a grant before releasing funds, you will still need to apply. If everything passes by survivorship or beneficiary designation, or the estate is under $35,000, a full grant may not be needed.

How much does probate cost in Nunavut?

Nunavut charges modest, flat-tiered court fees, among the lowest in Canada, with no percentage-based estate tax. Reported fees rise from $25 to a maximum of $400 by estate value. Even a very large estate pays no more than $400 in court fees. These figures were reported as current to December 2022, so confirm them with the Nunavut Court Registry.

How long does probate take in Nunavut?

It depends on the estate and the court's workload. You first need to inventory every asset, note how each is held, and prepare the application, then the court reviews it. A Small Estate declaration is generally quicker than a full grant. Estates that are contested, involve minor beneficiaries, or carry significant debts usually take longer. The Court Registry can give you a clearer idea.

Nunavut

Do you need probate in Nunavut?

Losing someone close to you is difficult, and being named to handle their estate adds a lot to carry. In Nunavut, probate means applying to the Nunavut Court of Justice for a grant of probate (where there is a will) or letters of administration (where there is not). One thing to know early: much of the land in Nunavut is Crown or Inuit-owned, and many homes are leasehold or social housing, so many estates have no titled real estate at all. Whether you need a grant depends mostly on what the person owned and how each asset was held.

Check your situation

When is probate required in Nunavut?

Probate is usually required when…

The deceased solely owned registered (titled) real estate that must be transferred or sold.
A bank, investment dealer, or transfer agent demands a grant before releasing accounts or re-registering investments.
There is no valid will, no willing executor, or competing applicants for administration.
There is a dispute about the will, or a dependant brings a claim against the estate.

Probate is usually not required when…

The estate is worth under $35,000 and the court issues a declaration that it is a Small Estate.
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 deceased's home was a lease or social housing rather than titled land, so there is no title to transmit.

Simplified small-estate process

Nunavut offers a simplified process for smaller estates valued at $35,000 or less . Where the estate is valued at under $35,000, an interested party may apply to the Nunavut Court of Justice for a declaration that the estate is a 'Small Estate'. Once declared, the estate can be administered without a full grant. The exact form name and number are UNCONFIRMED — the published Nunavut forms list does not include a form expressly labelled 'Small Estate'.

Probate fees

Flat tiered court fees rising from $25 to a maximum of $400 by estate value, with no percentage-based estate tax. These figures are reported as current to December 2022 and their currency is UNCONFIRMED.

Where to apply

Applications are made to the Nunavut Court of Justice. List every asset and how it was held. Note that much Nunavut land is Crown or Inuit-owned and many homes are leasehold or social housing, so many estates have no titled real estate. If the estate is under $35,000, ask the Nunavut Court of Justice about a Small Estate declaration; otherwise apply for a grant.

Common questions about probate in Nunavut

Do I need probate in Nunavut if there is a will?: Not always. A will names you as executor, but it does not by itself give you authority over every asset. If the estate includes sole-name titled real estate, or a bank asks for a grant before releasing funds, you will still need to apply. If everything passes by survivorship or beneficiary designation, or the estate is under $35,000, a full grant may not be needed.
How much does probate cost in Nunavut?: Nunavut charges modest, flat-tiered court fees, among the lowest in Canada, with no percentage-based estate tax. Reported fees rise from $25 to a maximum of $400 by estate value. Even a very large estate pays no more than $400 in court fees. These figures were reported as current to December 2022, so confirm them with the Nunavut Court Registry.
Does Nunavut have a simplified process for small estates?: Yes. Where the estate is worth under $35,000, an interested party can ask the Nunavut Court of Justice to declare it a Small Estate. Once declared, the estate can be administered without a full grant of probate or administration. The exact application form was not confirmed, so ask the Nunavut Court Registry which form or process to use.
How long does probate take in Nunavut?: It depends on the estate and the court's workload. You first need to inventory every asset, note how each is held, and prepare the application, then the court reviews it. A Small Estate declaration is generally quicker than a full grant. Estates that are contested, involve minor beneficiaries, or carry significant debts usually take longer. The Court Registry can give you a clearer idea.

Official sources

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