Application To Pass Accounts Without A Hearing

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.

Application To Pass Accounts Without A Hearing is a commonly used form within Nova Scotia. 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 Application To Pass Accounts Without A Hearing

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application To Pass Accounts Without A Hearing:

• This form pertains to the State of Nova Scotia

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 Nova Scotia’s Form Form 40 - Application To Pass Accounts Without A Hearing up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Nova Scotia 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 Nova Scotia 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 40, take a break, and then review. Probate and estate settlement processes in NS 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 40 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 40 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 Application To Pass Accounts Without A Hearing 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.

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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 Nova Scotia.

5 reasons you should submit Form 40 as quickly as possible:

1. The sooner you begin, the faster Nova Scotia 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 Nova Scotia. 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 Nova Scotia 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 Nova Scotia 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 Nova Scotia probate clerk or court for exact answers regarding Form Form 40, and when in doubt— consult a qualified trust & estates lawyer for that area.

Application To Pass Accounts Without A Hearing is one of the many probate court forms available for download through Atticus.

It may also be available through some Nova Scotia 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 Nova Scotia.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Form 40 - Application To Pass Accounts Without A Hearing 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 Nova Scotia probate court office.

Application To Pass Accounts Without A Hearing 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 Nova Scotia-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 Nova Scotia Form Form 40 - Application To Pass Accounts Without A Hearing. You can use this to get an idea of the context of the form and what type of information is needed.

Form 40 Probate District: _______________ Probate Court File No.: _________ IN THE COURT OF PROBATE FOR NOVA SCOTIA IN THE ESTATE OF ____________________, Deceased Application to Pass Accounts Without a Hearing (S. 55(1) (a)) I, _____________________________, am the personal representative of this estate. The applicant requests an order: [check the appropriate box(es) below] __ deeming service of all documents on all parties sufficient __ passing the accounts of the estate for the period ___________ to ______________ __ setting the commission for the personal representative on settlement of the estate __ taxing a solicitor's bill of costs __ directing distribution of the estate __ directing the release of any security or cancellation of any bond __ directing payment to the trustee, guardian, court appointed guardian, attorney appointed under the Powers of Attorney Act or the Public Trustee if appointed, for a person under a disability, missing person or unascertained person __ declaring the estate insolvent __ discharging the personal representative __ providing for any other matter that may be required The applicant has filed with this application: __ accounts __ signed releases __ statement of commission sought __ solicitor's bill of costs, to be taxed The applicant will file an affidavit of the personal representative in Form 43 not less than 10 days before the time set for passing the accounts. Signature of the personal representative Date or lawyer for personal representative Name: _____________________________________________________________________ Complete address: ___________________________________________________________ Telephone: _________________________________________________________________ Fax: _______________________________________________________________________ E-mail: _____________________________________________________________________ - 2 - Form 40 (cont.) (nsprbc_form_40_application_pass_accounts_without_hearing.doc) [The text of this form may be adapted as required where there is more than one personal representative.] Notice: This application for the court to pass accounts will be reviewed by the Registrar of Probate for the Probate District of ____________________________________________ [name of probate district and address of court] Date:________________________________________________ Place: _______________________________________________ Time: _______________________________________________ Please read the application and attached documents carefully so that you understand what the application is about. If you consent or do not oppose the application, you may: (a)check the last box on the notice of objection (Form 42) and return it to the personal representative; or (b)do nothing further. If you intend to contest any part of the application, you must: (a)complete and file the notice of objection with the court not less than 10 days before the date set for passing the accounts; (b)serve a copy of the completed notice of objection on the personal representative of the estate or on the lawyer for the personal representative at the address given on the application form; and (c)come to the hearing on the date set out in the box above and tell the registrar what you object to and why. If you oppose any part of the application but you do not file and serve the notice of objection: (a)you will be taken to have consented to the administration of the estate by the personal representative as recorded in the accounts and other documents filed with the application; (b)you may only make representations at the hearing with the permission of the court; and (c)the passing of the accounts by the court will take place even if you are not allowed to make representations to the court or do not appear, and you will be bound by the order of the court. In any event, the court will make an order and a copy of the order will be available to you at the Court of Probate. Form 40 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.