What is the small-estate process in Saskatchewan?

If the estate is personal property only, with no Saskatchewan real estate, and is worth $25,000 or less, an appointed representative can apply to the Court of King's Bench for a small-estate order using Form 16-36. This lets property be paid out without a full grant. The Local Registrar Fee for this order is $100.

How much does probate cost in Saskatchewan?

Saskatchewan charges a court levy of $7.00 for every $1,000 (or part) of the value of property passing through the estate, roughly 0.7%. On top of that is a flat Local Registrar Fee, which is $200 for a grant of letters probate or letters of administration. A small-estate order instead costs $100.

Does a jointly owned home need probate in Saskatchewan?

Usually not. A home held in joint tenancy with right of survivorship passes automatically to the surviving owner by law, so it does not flow through the estate or need a grant. A home owned in the person's name alone is different and will normally require probate before title can be transferred.

Is probate required if there is no will in Saskatchewan?

Often, yes. Without a will, no one automatically has authority to deal with sole-name assets. A close relative usually applies to the Court of King's Bench for letters of administration. The estate is then distributed under The Intestate Succession Act, 2019. If the only assets passed jointly or by beneficiary designation, a grant may not be needed.

Saskatchewan

Do you need probate in Saskatchewan?

In Saskatchewan, probate is the process of asking the Court of King's Bench for Saskatchewan to confirm a will and an executor's authority. Not every estate needs it. Whether you need a grant of letters probate or letters of administration depends mostly on what the person owned and how it was held.

Check your situation

When is probate required in Saskatchewan?

Probate is usually required when…

The person owned land or a home in Saskatchewan in their name alone (including mineral rights) — Land Titles will not transfer it without a grant, no matter the value.
A bank or investment firm holds an account in the person's sole name 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 $25,000 in personal property, or any value once Saskatchewan real estate is involved.

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 estate is personal property only, with no Saskatchewan real estate, and is worth $25,000 or less — a small-estate order may be used instead.
A bank chooses to release a modest sole-name account on an indemnity or release agreement instead of a grant.
The whole estate passes outside the estate, leaving nothing that a third party needs a grant to release.

Simplified small-estate process

Saskatchewan offers a simplified process for smaller estates valued at $25,000 or less . Where the estate is valued at $25,000 or less AND the deceased did not own Saskatchewan real property passing through the estate, an appointed representative may apply to the Court of King's Bench for an order that the deceased's personal property be paid or delivered to them without obtaining letters probate or letters of administration. The representative then pays funeral expenses and debts and distributes the balance. Local Registrar Fee is $100. (A separate registrar-assisted grant stream exists for estates of $15,000 or less, which still produces a grant.) The main form is Application in Small Estates — Memorandum to the Judge (Form 16-36).

Probate fees

A court levy of $7.00 for every $1,000 (or part) of the value of property passing through the estate — effectively 0.7%, with no tiered scale and no cap identified. Plus a flat Local Registrar Fee from Table 1 of the Administration of Estates Regulations, 2020: $200 for a grant of letters probate or letters of administration; $300 for the registrar-assisted grant on estates of $15,000 or less; $100 for the small-estate order (Form 16-36). An optional Certificate of No Infants Interested is $25.

Where to apply

Applications are made to the Court of King's Bench for Saskatchewan. Identify whether the deceased solely owned Saskatchewan real estate and total the value of all sole-name assets; if there is no real property and the estate is $25,000 or less, consider the small-estate order (Form 16-36), otherwise obtain the Application for Probate package from the Court of King's Bench.

Common questions about probate in Saskatchewan

What is the small-estate process in Saskatchewan?: If the estate is personal property only, with no Saskatchewan real estate, and is worth $25,000 or less, an appointed representative can apply to the Court of King's Bench for a small-estate order using Form 16-36. This lets property be paid out without a full grant. The Local Registrar Fee for this order is $100.
How much does probate cost in Saskatchewan?: Saskatchewan charges a court levy of $7.00 for every $1,000 (or part) of the value of property passing through the estate, roughly 0.7%. On top of that is a flat Local Registrar Fee, which is $200 for a grant of letters probate or letters of administration. A small-estate order instead costs $100.
Does a jointly owned home need probate in Saskatchewan?: Usually not. A home held in joint tenancy with right of survivorship passes automatically to the surviving owner by law, so it does not flow through the estate or need a grant. A home owned in the person's name alone is different and will normally require probate before title can be transferred.
Is probate required if there is no will in Saskatchewan?: Often, yes. Without a will, no one automatically has authority to deal with sole-name assets. A close relative usually applies to the Court of King's Bench for letters of administration. The estate is then distributed under The Intestate Succession Act, 2019. If the only assets passed jointly or by beneficiary designation, a grant may not be needed.

Official sources

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