If the estate assets include property outside of Saskatchewan, depending on the asset, the executor or administrator may have to have Letters Probate or Letters of Administration (with Will Annexed) resealed in the province where the asset is located so the application process does not have to start all over. It will be necessary to obtain information from that province.
If grant of Letters Probate/Letters of Administration or Letters of Administration with Will Annexed was obtained outside of Saskatchewan, then the executor/administrator will be required to reseal this grant prior to dealing with the assets in Saskatchewan. The Court of Queen's Bench may require an administration bond be posted prior to resealing a grant.
To reseal Letters Probate/Letters of Administration or Letters of Administration with Will Annexed in Saskatchewan, the executor or administrator will need to complete the following forms:
- Application for Resealing Foreign Grant – Form 16-34A
- Affidavit of Applicant for Resealing Foreign Grant – Form 16-34B
- Statement of Property – Form 16-14
If an Administration Bond is required:
- Administration Bond – Form 16-31
If there are entitled beneficiaries that are under the age of 18 or a dependent adult (persons who are not capable of managing their own affairs), then the executor must also include two copies of the Notice to Public Guardian and Trustee – Form 16-12. The completed forms are filed with the Court of Queen's Bench together with the court fees. The court fees for an application for Grant of Letters Probate is $7.00 per $1,000.00 (or portion thereof) of the total Part 1 Assets listed in the Statement of Property form.
If the estate contains real property and no named beneficiary is under the age of 18 or a dependent adult, then a 'Local Registrar's Certificate of No Infants Interested' should be requested from the Court of Queen's Bench for a fee of $25. This must be requested at the time of filing the application for the Grant of Letters Probate or Grant of Administration. Please note that the Local Registrar will not accept requests for a 'Local Registrar's Certificate of No Infants Interested' after the Grant of Letters Probate or Letters of Administration from the Court of Queen's Bench.
If the certificate is not requested from the Court of Queen's Bench at the time the Letters Probate or Letters of Administration, you can request a Certificate of No Infants from the Office of the Public Guardian and Trustee. The Office must be provided with a notarized copy of Letters Probate or Letters of Administration and an affidavit from the executor or administrator that will establish that there are no minors or dependent adults interested in the estate, along with a fee of $30.