PROBATE and ADMINISTRATION
If a loved one has passed away and you need to apply to the court for Letters of Probate or Administration, Butler Wills and Estates is here to help you.
Not all wills require probate. Whether or not probate is needed depends on the type of assets in the estate, the value of those assets, and how the assets are held.
When a person passes away without a will, someone will need to apply to the court to be appointed as the administrator of the estate. This is basically the same job as being an executor, except there is no will putting someone in charge, and the distribution of the estate is determined by the Intestate Succession Act.
To start the process of probate or administration, contact our office to schedule a consultation. During the consultation, you'll discuss what the next steps are for moving forward with the application to the court, what the fees are, and what to expect in terms of how long the process will take. This consultation is usually about an hour, and Lynne will answer any questions you have so you are prepared to handle an estate.
We charge a flat fee for applications for Letters of Probate or Administration. Our fee is 1% of the value of the estate, with a minimum fee of $4000. All fees are subject to HST. If this fee will significantly diminish the estate, we will discuss an alternate fee with you at the initial consultation. Click here for additional information about our fees and services.
In addition to our fee, there is also a probate fee charged by the Supreme Court of Newfoundland and Labrador. This fee applies to all applications for probate and administration. The fee is based on the value of the estate and is not subject to tax.
There is also a $70 levy charged by the Law Society of Newfoundland and Labrador. This levy applies to all civil transactions.
Note: We will not apply to have Lynne Butler appointed as the Administrator of an estate.
In some circumstances, we may apply to have a CEA appointed as an Administrator. Each situation is evaluated on a case-by-case basis.
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