Do I need probate in Nova Scotia 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 property is registered in the deceased's sole name and cannot be transferred without court approval, you will need a grant of probate. If everything passes by survivorship or beneficiary designation, you may not need probate at all.

How much does probate cost in Nova Scotia?

Nova Scotia charges a tiered probate fee under the Probate Act, based on the value of the estate passing through probate. Flat amounts apply to smaller estates, and a per-$1,000 charge applies to value above the top tier, with no upper cap. Fees can be significant on larger estates, so confirm the current schedule with the Probate Court before filing.

Does Nova Scotia have a simplified process for small estates?

No. Nova Scotia has no separate small-estate or simplified probate procedure. Every estate that needs a grant uses the same standard application to the Probate Court for Nova Scotia. The value of the estate affects the probate fee and the security requirements, but not whether a grant is needed or which process applies.

How long does probate take in Nova Scotia?

It varies with the estate and the registry's workload. A creditor notice period applies before the estate can be distributed, so even straightforward estates take several months. Estates that are large, contested, insolvent, or involve minor beneficiaries usually take considerably longer.

Nova Scotia

Do you need probate in Nova Scotia?

Losing someone is hard, and settling their estate can feel overwhelming at a difficult time. In Nova Scotia, probate means applying to the Probate Court for Nova Scotia for a grant of probate (when there is a will) or a grant 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 Nova Scotia?

Probate is usually required when…

The deceased owned real estate in Nova Scotia in their sole name and the title needs to be transferred or sold.
The deceased died without a will and the estate has assets that need to be administered.
A bank, credit union, or investment firm holding a sole-name account asks for a grant before releasing the funds.
Property was registered only in the deceased's name and the holder needs proof of your authority.
The will is contested or there is a dispute over how the estate should be handled.

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 court grant to be collected.

Simplified small-estate process

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

Probate fees

Tiered probate fee under the Probate Act and N.S. Reg. 119/2001: flat amounts apply to smaller estates, then a per-$1,000 charge applies to value above the top tier. Exact 2025-2026 figures are UNCONFIRMED against an official fee page and must be verified before launch.

Where to apply

Applications are made to the Probate Court for Nova Scotia. List every asset and how it was held. Nova Scotia has no value-based exemption, so if any asset is in the deceased's sole name, apply to the Probate Court for a grant of probate (with a will) or administration (without one).

Common questions about probate in Nova Scotia

Do I need probate in Nova Scotia 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 property is registered in the deceased's sole name and cannot be transferred without court approval, you will need a grant of probate. If everything passes by survivorship or beneficiary designation, you may not need probate at all.
How much does probate cost in Nova Scotia?: Nova Scotia charges a tiered probate fee under the Probate Act, based on the value of the estate passing through probate. Flat amounts apply to smaller estates, and a per-$1,000 charge applies to value above the top tier, with no upper cap. Fees can be significant on larger estates, so confirm the current schedule with the Probate Court before filing.
Does Nova Scotia have a simplified process for small estates?: No. Nova Scotia has no separate small-estate or simplified probate procedure. Every estate that needs a grant uses the same standard application to the Probate Court for Nova Scotia. The value of the estate affects the probate fee and the security requirements, but not whether a grant is needed or which process applies.
How long does probate take in Nova Scotia?: It varies with the estate and the registry's workload. A creditor notice period applies before the estate can be distributed, so even straightforward estates take several months. Estates that are large, contested, insolvent, or involve minor beneficiaries usually take considerably longer.

Official sources

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