Everything you need to know about New Brunswick Form Form 3C, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related NB probate forms.
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.
Warning To Caveat is a commonly used form within New Brunswick. 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:
Sometimes it’s tough to find a quick summary— here’s the important details you should know about Warning To Caveat:
This form pertains to the State of New Brunswick
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 New Brunswick’s Form Form 3C - Warning To Caveat up to date, certain details can change from time-to-time with little or no communication.
Double check that you have both the correct form name and the correct form ID. Some New Brunswick 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.
Fill out all relevant fields in Form Form 3C, take a break, and then review. Probate and estate settlement processes in NB 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 3C 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).
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.
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.
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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 New Brunswick.
The sooner you begin, the faster New Brunswick 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?
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.
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.
It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in New Brunswick. 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.
If a house in the State of New Brunswick 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 New Brunswick 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 New Brunswick probate clerk or court for exact answers regarding Form Form 3C, and when in doubt— consult a qualified trust & estates lawyer for that area.
Warning To Caveat is one of the many probate court forms available for download through Atticus.
It may also be available through some New Brunswick 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 New Brunswick.
While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Form 3C - Warning To Caveat 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 New Brunswick probate court office.
Warning To Caveat 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 New Brunswick-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.
Form Form 3C - Warning To Caveat is a probate form in New Brunswick.
New Brunswick has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in New Brunswick.
During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.
Probate in New Brunswick, especially without guidance, can take years to finish and cost upwards of $14,000.
What is probate, exactly?
Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).
All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate.
To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate.
Where can I get help with Probate?
The best place? Create an account in Atticus to start getting estate-specific advice.
You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make the best decisions (plus you can write it off as an executor expense).
We’ve also created a list of other probate services. Be sure to check it out!
What does a NB executor or personal representative have to do?
An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone.
The executor is responsible for the complete management of the probate process, including major responsibilities such as:
Creating an inventory of all probate assets.
Filling out all necessary forms
Paying off all estate debts and taxes
Submitting reports to the court and beneficiaries as requested
And much more. This process often stretches longer than a year.
For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding.
Here’s the text, verbatim, that is found on New Brunswick Form Form 3C - Warning To Caveat. You can use this to get an idea of the context of the form and what type of information is needed.
64 84-9Loi sur la Cour des successionsP-17.1 Form 3C In The Probate Court of New Brunswick Judi cial District of ________________________________________________ Warning to Caveat Form 3C In the estate of _____________ _____________________________ , deceased. To _______________________________________ Whereas you by your caveat required notice to be given to you of any application that might be made in the matter of this estate. Y ou are now warned that on the ___________ day of __________________, 20_____, ________________________ (name of applicant), of ____________________________ in the Province of ___ ___________, filed in The Probate Court of New Brunswick an application asking __________________________________________________________. (state nature of application and, if probate is sought, give date of will) You are therefore warned that, unless you cause a notice of intent to contest to be filed hereto within ten days from this date stating your desire to contest such application and the nature of your objection thereto, such applica- tion will be regarded as assenting thereto. Your notice must be filed at the probate office for the Judicial District of __________________________ at ___________________________ , on or before the _________________ day of _______________________ , 20_____ and you must serve a copy of the notice on the applicant who resides at _________________________________. Dated this ______________ day of __________________ , 20_____. Applicant Formule 3C Cour des successions du Nouveau-Brunswick Circonscription judiciaire de _ _______________________________________ Avertissement à l’opposant Formule 3C Succession de ____________________________________ , personne décédée Destinataire : _____________________________________ Attendu que vous avez, par votre opposition, exigé d’être avisé de toute demande qui pourrait être présentée concernant la présente succession. Vous êtes maintenant averti qu’en date du _____________ jour de _______________ 20_____ , __________________(nom du requérant) , de ____________________________ dans la province ________________ , a déposé auprès de la Cour des successions du Nouveau-Brunswick une demande de _____________________________________________________________. (mentionner la nature de la demande, et la date du testament s’il s’agit d’une homologation) Vous êtes en conséquence averti qu’à défaut de déposer votre avis d’intention de contester dans les dix jours des présentes indiquant votre volonté de contester une telle demande ainsi que la nature de votre objection, il sera pro- cédé avec cette demande sans aucun autre avis, et vous serez présumé y avoir consenti. Votre avis devra être déposé au greffe des successions de la circons-cription judiciaire de _________________________ à __________________ , le ou avant le _________________________ 20_____ , et vous devez signifier copie de votre avis au requérant qui réside à . Fait le _________________ jour de __________________, 20_____ . Requérant
View allNew Brunswick probate forms.
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