Petition 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.

Petition For Probate is a commonly used form within Newfoundland and Labrador. 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 Petition For Probate

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

• This form pertains to the State of Newfoundland and Labrador

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 Newfoundland and Labrador’s Form Form 56.05A - Petition For Probate up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Newfoundland and Labrador 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 Newfoundland and Labrador 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 56.05A, take a break, and then review. Probate and estate settlement processes in NL 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 56.05A 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 56.05A 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 Petition 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 Newfoundland and Labrador.

5 reasons you should submit Form 56.05A as quickly as possible:

1. The sooner you begin, the faster Newfoundland and Labrador 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 Newfoundland and Labrador. 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 Newfoundland and Labrador 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 Newfoundland and Labrador 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 Newfoundland and Labrador probate clerk or court for exact answers regarding Form Form 56.05A, and when in doubt— consult a qualified trust & estates lawyer for that area.

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

It may also be available through some Newfoundland and Labrador 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 Newfoundland and Labrador.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Form 56.05A - Petition 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 Newfoundland and Labrador probate court office.

Petition 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 Newfoundland and Labrador-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 Newfoundland and Labrador Form Form 56.05A - Petition For Probate. You can use this to get an idea of the context of the form and what type of information is needed.

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR GENERAL DIVISION IN THE ESTATE OF _____________________________________________, late of _________________________________, in the province of _________________________________, _________________________________, deceased. PETITION FOR PROBATE TO THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR, GE NERAL DIVISION – OR ONE OF THE JUDGES THEREOF. The Petition of ____________________________________, of _____________________________, in the Province of _________________________________, says as follows: 1._________________________________, late of _______________________________, in the Province of _________________________________, ____________________________, died at _________________________________, in the Province of _________________________________, on or about the ______ day of _______________ _______, having previously made _______ Last Will and Testament dated the ______ day of _______________ _______, where _______ appointed _________________________________ the Executor/Executrix thereof, and which Last Will and Testament is hereunto annexed marked “A”. 2.At the time the said _________________________________ executed the annexed Last Will and Testament, _______ was over the full age of 17 years, and _______ did not marry after the execution of the said Last Will and Testament. 3.Neither witness to the annexed Last Will and Testament is a beneficiary, nor the husband or wife of a beneficiary, named therein. Form 56.05A (rule 56.05)Court File No._________________ Rules of the Supreme Court, 1986Page 1 of 3 4.THAT the fo llowing are the names and addresses of each person entitled to share in the Estate: (a)__ _______________________________, of ____________________________, in the Province o f _________________________________, _____________________________, age _______ years; (b)___________ ______________________, of ____________________________, in the Province of _________________________________, _____________________________, age _______ years; (c)__ _______________________________, of ____________________________, in the Province of _________________________________, _____________________________, age _______ years; (d)_________________________________, of ____________________________, in the Province of _________________________________, _____________________________, age _______ years; (e)__ _______________________________, of ____________________________, in the Province o f _________________________________, _____________________________, age _______ years; (f ) _________________________________, of ____________________________, in the Province of _________________________________, _____________________________, age _______ years; (g) _________________________________, of ____________________________, in the Province of _________________________________, _____________________________, age _______ years; Form 56.05A (rule 56.05)Court File No._________________ Rules of the Supreme Court, 1986Page 2 of 3 5.At the time of _______ death, the deceased was possessed of property within the jurisdiction o f this Honourable Court of the probable value of _______________ as appears fro m the Inventory annexed hereto ma rked “B”. 6. No probate of any Will nor Letters of Administration of the Estate of the said deceased has been at an y time granted by this Honourable Court nor, to the best of my kn owledge, inform ation and belief, is there any other application for the granting of same pending before this Honourable Co urt. The Petitioner, therefore, applies for gra nt of Letters of Probate of the Estate of _________________________________, late of _________________________________, in the Province of _________________________________, to be issued to the Petitioner. DATED at _________________________________ in the Province of _________________________________, this ______ day of _______________ _______. _______________________ Signature of Petitioner Form 56.05A (rule 56.05)Court File No._________________ Rules of the Supreme Court, 1986Page 3 of 3