Request For Probate

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Request For Probate is a commonly used form within Manitoba. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Request For Probate

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Request For Probate:

• This form pertains to the State of Manitoba

• The current version of this form was last revised on June 1, 2022

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Manitoba’s Form Form 74A - Request For Probate up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Manitoba form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Manitoba probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Form 74A, take a break, and then review. Probate and estate settlement processes in MB are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Form 74A online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form Form 74A witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Request For Probate to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Manitoba.

5 reasons you should submit Form 74A as quickly as possible:

1. The sooner you begin, the faster Manitoba can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Manitoba. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Manitoba is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Manitoba probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Manitoba probate clerk or court for exact answers regarding Form Form 74A, and when in doubt— consult a qualified trust & estates lawyer for that area.

Request For Probate is one of the many probate court forms available for download through Atticus.

It may also be available through some Manitoba probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Manitoba.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Form 74A - Request For Probate f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Manitoba probate court office.

Request For Probate is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Manitoba-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Manitoba Form Form 74A - Request For Probate. You can use this to get an idea of the context of the form and what type of information is needed.

Form 74A – page 1/3 File No. ________________ FORM 74A THE KING’S BENCH Centre REQUEST FOR PROBATE IN THE ESTATE OF __________________________________________________, deceased. (I/We), ________________________________________ of ___________________, Manitoba, (name(s) of executor(s)) (city/town) hereby request that probate of the last will of the deceased be granted to (me/us) (or as the case may be), and in support of (my/our) request, (I/we) (severally) MAKE OATH AND SAY: 1. THAT __________________________, late of _________________, _______________, (name of deceased) (city/town) (province/territory) died on ____________________, having made their last will on ____________________, (date of death) (date of will) which is identified by (my/our) signature(s). 2. THAT marked as Exhibit “A” to this Request is (the last will/a copy of the last will) of the deceased, who at the time of their death was habitually resident in _________________. (province/territory) 3. THAT at the time of their death, the deceased: (choose all statements that apply) ☐ had never married ☐ was married to: _______________________________________________________ (name) ☐ was divorced from: ____________________________________________________ (name) ☐ was predeceased by their spouse: ________________________________________ (name) (Note: complete paragraph 4 only if the deceased died on or after June 30, 2004.) 4. THAT at the time of their death, the deceased: (read the explanatory notes following paragraph 4, then choose all statements that apply) ☐ had never cohabited with a common-law partner ☐ was cohabiting with their common-law partner: _______________________________ (name) Form 74A – page 2/3 File No. ________________ ☐ was separated from their common-law partner: _____________________________, (name) but their relationship had not been terminated. ☐ had a common-law relationship with: ______________________________________ (name) that had been terminated. ☐ was predeceased by their common-law partner: ______________________________ (name) If the deceased died on or after June 30, 2004, read the note below and then complete paragraph 4, choosing all statements that apply. NOTE: For the purposes of this form, “common-law partner” of a deceased person means (a)a person who, with the deceased, registered a common-law relationship under section 13.1 of The Vital Statistics Act, or (b)a person who, not being married to the deceased, cohabited with them in a conjugal relationship (i)for a period of at least three years, or (ii)for a period of at least one year and they are together the parents of a child. “termination of a common-law relationship” means (a)where the common-law relationship was registered with Vital Statistics (under section 13.1 of The Vital Statistics Act), the dissolution of the relationship has been registered with Vital Statistics, or (b)where the common-law relationship was not registered with Vital Statistics, the parties to the common-law relationship have lived separate and apart for a period of at least three years. 5.THAT the deceased was of the full age of majority (18 years or 21 years – if the will is dated before 1971) at the time of the execution of the will, and did not marry since then. 6.THAT to the best of my knowledge and belief: ☐The within identified will is the only unrevoked will of the deceased; OR ☐There is another unrevoked will of the deceased, the particulars of which and the source of my information regarding same are as follows: (provide details including date and place of execution of additional will) ______________________________________________________________________________________________ Form 74A – page 3/3 File No. ________________ 7.THAT (I am/we are) the executor(s) named in the said will and (am/are each) of the full age of 18 years, and (my/our) residence(s) (is/are) above correctly stated. OR 7.THAT (I am/we are) the alternate executor(s) named in the said will and (am/are each) of the full age of 18 years, and (my/our) residences are above correctly stated. The named executor(s) having (renounced or predeceased or as the case may be). 8.THAT (I/we) have not released (my/our) rights to be an executor. 9.THAT the deceased died possessed of, or entitled to, immoveable property worth $__________________ and moveable property worth $__________________, true particulars of which are set out in the inventory and valuation attached to this Request as Exhibit “B”. 10.THAT (I/we) do solemnly declare that (I/we) will faithfully administer the property of the deceased according to the law and render a full and true account of (my/our) executorship when lawfully required. (SEVERALLY) SWORN (OR AFFIRMED) BEFORE ME in ____________, Manitoba this ____ day of ____________, _______. A Notary Public/Commissioner for Oaths in and for the Province of Manitoba My Commission expires: ______________ ______________________________ Signature of Deponent NOTE If the deceased was a registered Indian under the Indian Act (Canada) and was resident on a reserve at their death, Rule 74 does not apply and you will need to file a Request for Administration with the Federal Government.