Everything you need to know about Saskatchewan Form 16-36, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related SK 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.
Application In Small Estates - Memorandum To The Judge 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:
Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application In Small Estates - Memorandum To The Judge:
This form pertains to the State of Saskatchewan
The official Saskatchewan source for this form is here.
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 16-36 - Application In Small Estates - Memorandum To The Judge 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 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.
Fill out all relevant fields in Form 16-36, 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 16-36 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.
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?
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.
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?
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 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.
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 16-36, and when in doubt— consult a qualified trust & estates lawyer for that area.
Application In Small Estates - Memorandum To The Judge 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 16-36 - Application In Small Estates - Memorandum To The Judge 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.
Application In Small Estates - Memorandum To The Judge 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.
Form 16-36 - Application In Small Estates - Memorandum To The Judge is a probate form in Saskatchewan.
Saskatchewan 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 Saskatchewan.
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 Saskatchewan, 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 SK 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 Saskatchewan Form 16-36 - Application In Small Estates - Memorandum To The Judge. You can use this to get an idea of the context of the form and what type of information is needed.
Form 16-36 (Subrule 16-36(2)) ________________________________________________COURT FILE NUMBER COURT OF QUEEN&#x26;#x2019;S BENCH FOR SASKATCHEWAN ________________________________________________ JUDICIAL CENTRE ____________________________________IN THE ESTATE OFDECEASED APPLICATION IN SMALL ESTATES MEMORANDUM TO THE JUDGE This is an application without notice pursuant to section 9 of The Administration of Estates _______________________________________Act, for an order that the personal property of , (name of deceased) late of ,___________________________________________________________________________ (residence at time of death) _________________, of ______________________in Saskatchewan, be paid or delivered to, in Saskatchewan, to be disposed of as follows: ____________________________to _______________________________________ (a) (state amount)(state recipient) as payment of reasonable funeral expenses. ____________________________to _______________________________________ (b) (state amount)(state name of creditor) as payment of the debts of the deceased. ______________to _______________________________________(c) the balance of (state amount) (state names of beneficiaries or next-of-kin) All of which is respectfully submitted. ______________________________________, Saskatchewan, this ____________ __________________, 2______ . DATED at day of _______________________________________________ (signature of applicant) AFFIDAVIT OF APPLICANT I, _________________________________________________________________________________, (name and residence) make oath and say/affirm that: 1 _____________________________________________, late of ___________________________________, (name of deceased) (residence at time of death) in Saskatchewan, died at __________________________________________, in Saskatchewan, (place of death) on or about the ___________ day of ____________________, 2 _______. 2 _____________________________________________ was _____________________________________, (name of deceased) (state marital status) and the following persons may be entitled to share in the estate: (names, ages and addresses of all those persons) NAMEAGESADDRESS 3 The estate of the deceased consists of the following: (set out full particulars of all the property of the deceased showing the names and addresses of the persons in whose possession the property may be and including the value of all the property) PROPERTY NAME AND ADDRESS OF PERSON WHO POSSESSES PROPERTY VALUE 4 Funeral expenses in the amount of $ __________have been paid by ______________________ (or have not been paid and are owing to _________________________________________________). 5 As far as I have been able to ascertain, the debts of the deceased are as follows: (state the names, addresses and amount of claims of the creditors of the deceased). NAME AND ADDRESS OF CREDITORSAMOUNT CLAIMED 6 The applicant(s) is (are) of the full age of 18 years and is (are) (state the character in which the applicant claims, e.g. Official Administrator, Public Guardian and Trustee, or next of kin with a beneficial interest, and state the names and addresses of all other next of kin, with their relationship, who may have prior or equal rights to the applicant and whether any or all such persons have renounced their rights. If they have renounced, attach Form 16-26. If the applicant is a trust company, so state and indicate that the company is licensed under The Trust and Loan Corporations Act, 1997). 7 I will well and truly administer the property of the deceased by paying the funeral expenses and debts of the deceased, and by distributing or paying the residue of the property to the persons entitled to share in the estate or to the Minister of Finance, as the Court may order. 8 I will file with the local registrar of the judicial centre of _______________________________ at which this order is made, all receipts of payment or other disposition of the property of the deceased made by me. 9 I make this affidavit for the purpose of obtaining an order of this Honourable Court pursuant to section 9 of The Administration of Estates Act. SWORN (OR AFFIRMED) BEFORE ME at ___________________, Saskatchewan, this __________ day of _______________, ____________________________ 2 _________. (signature of applicant) _______________________________________ Commissioner for Oaths for Saskatchewan CONTACT INFORMATION AND ADDRESS FOR SERVICE If prepared by a lawyer for the party: ________________________________________ Name of firm: ________________________________________ Name of lawyer in charge of file: ________________________________________ Address of legal firm: (set out the street address) ________________________________________ Telephone number: ________________________________________ Fax number (if any): ________________________________________ E-mail address (if any): or If the party is self-represented: ________________________________________ Name of party: ________________________________________ Address for service: (set out the street address) ________________________________________ Telephone number: ________________________________________ Fax number (if any): E-mail address (if any):________________________________________