Nova Scotia Probate Form

Checklist - Passing The Accounts Of An Estate In Probate Court

Everything you need to know about Nova Scotia Form Checklist - Passing The Accounts Of An Estate In Probate Court, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related NS probate forms.

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About Checklist - Passing The Accounts Of An Estate In Probate Court

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.

Checklist - Passing The Accounts Of An Estate In Probate Court 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 Checklist - Passing The Accounts Of An Estate In Probate Court

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Checklist - Passing The Accounts Of An Estate In Probate Court:

  • 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 Checklist - Passing The Accounts Of An Estate In Probate Court up to date, certain details can change from time-to-time with little or no communication.

How to file Form Checklist - Passing The Accounts Of An Estate In Probate Court

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 Checklist - Passing The Accounts Of An Estate In Probate Court, 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 Checklist - Passing The Accounts Of An Estate In Probate Court 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 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 Checklist - Passing The Accounts Of An Estate In Probate Court 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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When Checklist - Passing The Accounts Of An Estate In Probate Court is due

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 this form 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 Checklist - Passing The Accounts Of An Estate In Probate Court, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit this form Online

Checklist - Passing The Accounts Of An Estate In Probate Court 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 Checklist - Passing The Accounts Of An Estate In Probate Court 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.

Checklist - Passing The Accounts Of An Estate In Probate Court 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.

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Did you know?

  • Form Checklist - Passing The Accounts Of An Estate In Probate Court is a probate form in Nova Scotia.

  • Nova Scotia 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 Nova Scotia.

  • 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 Nova Scotia, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Checklist - Passing The Accounts Of An Estate In Probate Court

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

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!

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
.

The Exact Text on Form Checklist - Passing The Accounts Of An Estate In Probate Court

Here’s the text, verbatim, that is found on Nova Scotia Form Checklist - Passing The Accounts Of An Estate In Probate Court. You can use this to get an idea of the context of the form and what type of information is needed.

Checklist – Passing the Accounts of an Estate in Probate Court qReview the guide Dealing with an Estate at Probate Courtbefore completing the Application for Passing the Accounts of an Estate. Decide if you will need a hearing. qComplete Form 39, Application to Pass Accounts by a Hearing OR Form 40, Application to Pass Accounts without a Hearing To complete these forms, you must attach the following additional documents. Some have standard forms for you to use and some do not: • the accounts of the estate (check with the Probate Court for a sample form and to obtain a copy of the guide How to Prepare the Final Account of the Personal Representative) • signed releases - Form 36 •statement of commission sought • solicitor’s bill of costs to be taxed, including interim solicitors bills • proposed order on passing accounts – Form 41 qMake one copy of all paperwork showing money going into and money coming out of the estate. This includes receipts and releases for debts paid, expenditures made, and distributions made by the estate. This also includes a copy of the bank or other financial statements or documents relating to the administration of the estate. qFile at Probate Court the Application for Passing the Accounts and the additional documents referred to above. Include, also, the copies of receipts, releases, and bank or other financial statements and documents referred to above. qContact the Probate Court to schedule a date and time for the Registrar of Probate to examine the accounts. The Registrar will allow at least 45 daysfrom the date on which the Application was filed. qServe the following documents on each “person interested in the estate” at least 30 days before the date on which the accounts will be examined: • a copy of the filed Application, Form 39or Form 40 •a copy of the filed accounts of the estate • a blank copy of Form 42, Notice of Objection “Person interested in the estate” is defined on the back of this page. Requirements for serving documents are also given. qComplete Form 43, Affidavit of the Personal Representative – Passing Accounts, and file it at least 10 daysbefore the date scheduled for examining the accounts. Note:If a completed Form 42, Notice of Objection, is subsequently filed at the Probate Court, the passing of the accounts of an estate will take place by way of a hearing on the scheduled date. Prepared by Court Ser vices Division of Department of Justice, Nova Scotia Mar ch 2006 “Person interested in the estate”is defined in the Regulations to the Probate Act, section 52. Serve the documents on each of the following persons, if applicable, unless they have signed release Form 36: • residuary beneficiary • unpaid non-residuary beneficiary • person entitled to share in the distribution of the estate on an intestacy • life tenant • for a person under a disability, the trustee, guardian, court-appointed guardian, or attorney appointed under the Powers of Attorney Act • for a missing person or unascertained person, the trustee, guardian, court-appointed guardian, or attorney appointed under the Powers of Attorney Act • if the Public Trustee Act applies, the Public Trustee • unpaid claimant or creditor who has filed a claim in accordance with section 48 • unreleased security Serving documents There are 3 acceptable methods of serving documents in Probate Court: personal service, registered mail, and service on a lawyer authorized to accept service on behalf of the person. If you must serve a document on a person who is under 19 (legally an infant) or a mentally incompetent person, serve the document on their parent, guardian, court appointed guardian, or attorney under the Powers of Attorney Act.

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