Affidavit Of Service

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.

Affidavit Of Service is a commonly used form within Saskatchewan. 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 Affidavit Of Service

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit Of Service:

• This form pertains to the State of Saskatchewan

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 Saskatchewan’s Form Affidavit Of Service up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Saskatchewan 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 Saskatchewan 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 Affidavit Of Service, take a break, and then review. Probate and estate settlement processes in SK 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 Affidavit Of Service 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 Affidavit Of Service 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 Saskatchewan.

5 reasons you should submit this form as quickly as possible:

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

Affidavit Of Service is one of the many probate court forms available for download through Atticus.

It may also be available through some Saskatchewan 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 Saskatchewan.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Affidavit Of Service 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 Saskatchewan probate court office.

Affidavit Of Service 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 Saskatchewan-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 Saskatchewan Form Affidavit Of Service. You can use this to get an idea of the context of the form and what type of information is needed.

Form 12-15 (Subrule 12-15(2)) AFFIDAVIT OF SERVICE I, ____________________________________, of _________________________________________, (name) (address) MAKE OATH AND SAY (or AFFIRM): Service on party personally 1 On ___________________________, at _____________, I served _____________________ (date) (time) (identify person served) with the ______________________________________________________attached as Exhibit ‘A’ (identify document served by name and date) or an original or true copy of which was filed in court on _________________________________ (date) (select the appropriate clause) □ by leaving a copy with her (or him) at ________________________________. (address where service was made) □ where the rules provide for service on a corporation, etc. by leaving a copy of the document with another person, substitute: by leaving a copy with _______________________________________________ (identify person by name and title) at _________________________________________________________________. (address where service was made) 2 I was able to identify the person by means of ___________________________________________________________________________________. (state the means by which the person’s identity was ascertained) Service by leaving at the address for service 1 On ___________________________, at _____________, I served _____________________ (date) (time) (identify person served) (if lawyer add: the lawyer for the ___________________________________________________), (identify party) with the ______________________________________________________attached as Exhibit ‘A’, (identify document served by name and date) or an original or true copy of which was filed in court on _________________________________ (date) (select the appropriate clause) □ by leaving a copy with ________________________________________________ (name of party or lawyer served) at the address for service _____________________________________________. (address) □ by leaving a copy with an adult person _________________________________, (insert name if known) who was present at the address for service, _____________________________. (address) Add: 2. I ascertained that the person was an adult person who was an employee [or agent or representative or household member] of __________________________________________by [insert the grounds for (identity of person served) believing that the person documents were left with appeared to be an adult person who was an employee, agent, representative or household member of the person to be served]: _____________________________________________________________) □ (if lawyer served) by leaving a copy with _______________________________, (name of employee) an employee in the lawyer’s office, at __________________________________ (address) □ by leaving a copy in a mail receptacle at the address for service, __________, _____________________________________________________________________ (address) no adult person being present at that address to receive the document (if a business address, continue: during regular office hours). If applicable add: 2 Before serving the documents in this way, I made an unsuccessful attempt to serve _________________________________at the same address on __________________________. (identify person) (date) □ by sending a copy with ______________________________________a courier, (name of courier service) for delivery to the address for service, __________________________________. (address) Add: 2. Attached as Exhibit ‘B’ is a copy of the courier’s receipt bearing a signature that purports to be the signature of _______________________ (identify person) and dated _______________________________________________________. (date) or Where no courier’s receipt bearing signature and date: 2. In the normal course of business a document sent by this courier would be delivered on ___________________________at _____________________.) (date) (time) (Note: this paragraph should only be used where delivery is made by a courier service. If the courier is any adult person other than a person operating or employed by a courier service, the person delivering the document should take the affidavit.) Service by mail 1 On ________________________, I served ___________________________________________ (date) (identify person, party or lawyer) (if lawyer add: the lawyer for the ___________________________________________________), (identify party) with the ____________________________________________________, attached as Exhibit ‘A’, (identify document served) or an original or true copy of which was filed in court on _________________________________ (date) by sending a copy by ordinary mail (or by registered mail) to __________________________ ___________________________________________________________________________________ , (full mailing address) the address for service provided by __________________________________________________. (identify party or person) (If no address has been provided substitute: the last known address of _________________________________________________________.) (identify party or person) (If served at an address other than address for service: provide basis for belief that the address served at is the party’s address: _______________ __________________________________________________________________________________ .) If served by registered mail add: 2 On ________________________, I received the post office confirmation of delivery to the (date) addressee, attached as Exhibit ‘B’, showing confirmation of a signature purporting to be the signature of ____________________________________ and dated _______________________. (identify person) (insert date) Service by fax or electronic transmission 1 On ________________________, at _________ , I served _____________________________ (date) (time) (identify party or lawyer) (if lawyer add: the lawyer for the ___________________________________________________), (identify party) with the ____________________________________________________, attached as Exhibit ‘A’, (identify document served) or an original or true copy of which was filed in court on _______________________________ by (date) sending a copy by fax (or electronic transmission) to __________________________________ (fax number or electronic transmission address) to ________________________________________________________________________________ (name of party or lawyer) 2 Attached as Exhibit ‘B’ is the confirmation of fax transmission (or a hard copy of the electronically transmitted acknowledgment of receipt, received by me on ___________________). (date) SWORN (OR AFFIRMED) BEFORE ME at ___________________, Saskatchewan, this __________ day of _______________, ____________________________ 2 _________. (signature) _______________________________________ Commissioner for Oaths for Saskatchewan