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The Probate Court has the power to grant Letters Probate, to recall or revoke Letters Probate and to supervise the administration and distribution of estates. Although distinct from the Court of Queen’s Bench, the Probate Court is presided over by a Court of Queen’s Bench judge. Every judge of the Court of Queen’s Bench has jurisdiction over probate matters. In addition, the Probate Court possesses the same powers to enforce judgments as the Court of Queen’s Bench and may issue the same orders and processes as are issued out of the Court of the Queen’s Bench.
Procedure before the Probate Court
The procedure before the Probate Court is set out in Regulation 84-9 under the Probate Court Act.
Tax and Fees
Other than legal fees, there are two types of expenditures to consider with respect to proceedings before the Probate Court.
1. Tax
Section 75.1 of the Probate Court Act provides for payment of a tax on the grant of common probate or letters of administration. Unusual or exceptional types of grant are exempt from this tax. However, these unusual and exceptional types of grant are subject to a particular fee.
Schedule “A” of the Probate Court Act outlines the tax payable on the value of the estate. This tax is collected by the same Probate Office that processes the application for letters probate or letters of administration
2. Fee
Rule 4.02 and Appendix “A” of Regulation 84-9 under the Probate Court Act provide for payment of sundry fees.
Method of payment
Payment must accompany all documents to be filed and may be made in person at the appropriate court by way of:
- Certified cheque
- Money Order
- Debit card
- Credit card
- Cash
Payment by certified cheque or money order may also be mailed to the appropriate court.
Cheques and money orders must be made payable to the Minister of Finance for the Province of New Brunswick.