Probate is Northwest Territories’s process for confirming a will and authorising someone to act. It does not decide who inherits — it authorises the person who gathers and distributes.
Cost and process in Northwest Territories
| Item | Northwest Territories |
|---|---|
| Governing statute | Wills Act and Intestate Succession Act |
| Court | Supreme Court of the Northwest Territories |
| Handwritten (holograph) wills | Valid |
| Probate cost | A capped, flat-band fee schedule with no percentage component at any estate size: $30 for estates of $10,000 or less; $110 for estates over $10,000 up to $25,000; $215 for estates over $25,000 up to $125,000; $325 for estates over $125,000 up to $250,000; and a flat $435 for every estate over $250,000, no matter how large. A $30 million estate and a $300,000 estate pay the same $435. This makes NWT one of the cheapest probate jurisdictions in Canada for a large estate, alongside Alberta's capped $525. |
| Spouse’s share on intestacy | $100,000, updated in 2015 (more recent than most of the preferential-share figures checked so far). Where an intestate leaves a spouse and issue and the net estate does not exceed $100,000, the spouse takes everything. Above that, the spouse takes $100,000 (with a charge for legal interest from the date of death) and then shares the residue with the children — one-half with one child, one-third with more than one child. The surviving spouse may elect to take the family home instead of the $100,000 (if the home is worth more) or as part of it (if worth less). Where there is a spouse and no issue, the spouse takes the whole estate. "Spouse" is defined by cross-reference to the Family Law Act, which includes a common-law partner after 2 years of cohabitation (or sooner if the couple have a child together) — so, unlike Ontario, Nova Scotia or PEI, an unmarried partner can inherit this preferential share. |
| Will registry | No central government will registry. |
| Claims against the estate | Dependants Relief Act claims. "Dependant" means: the surviving spouse; a child under 19; a child 19 or over who cannot earn a livelihood because of mental or physical disability; a common-law partner who cohabited with the deceased for at least 1 year before death and was financially dependent on them; a cohabiting partner at the time of death with whom the deceased had a child together (no minimum duration in that case); or a person who was acting as a foster parent of the deceased's children in the household and was financially dependent on the deceased. As in Prince Edward Island and Yukon, an independent, able-bodied adult child has NO claim under this Act. |
What the executor has to do
- Locate the original will and confirm it is the latest one.
- Apply to the court for authority to act.
- Identify and secure the assets; notify institutions.
- Pay funeral expenses, debts and taxes — including the deemed disposition on death.
- Obtain a CRA clearance certificate before distributing.
- Distribute, and account to the beneficiaries.
An executor who distributes before debts and taxes are settled, or who fails to search properly for a will, can be held personally responsible. This is the reason a documented search matters.
The Islamic order of payment
Classical fiqh sets the same sequence Canadian administration follows in practice: funeral expenses first, then debts, then the wasiyyah up to one third, then the faraid shares. An unpaid mahr ranks as a debt of the estate, ahead of any bequest or inheritance.
Common questions
How long does probate take?
Commonly several months to over a year, depending on the court's backlog, the complexity of the estate, and how quickly a CRA clearance certificate is issued.
Can the funeral be paid before probate?
Usually yes. Most financial institutions will release funds from the deceased's account for funeral expenses specifically, which matters given how quickly a janazah takes place.
Does every estate need probate?
No. Estates consisting only of jointly held property and assets with named beneficiaries may avoid it entirely. That is avoidance of PROBATE; whether those assets also fall outside the faraid shares is disputed among contemporary scholars, and several fatwa bodies say it does not.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- What to do when someone has died — Canada Revenue Agency
- Probate fees by province / territory — TaxTips.ca
- Surah an-Nisa 4:11–12, 4:176 — Quran.com
- Book of Wills (Wasaya) — Sahih al-Bukhari, Sunnah.com
- Religion by census metropolitan area, 2021 Census — Statistics Canada
- Preferential share spouse intestacy ontario — Treadstone Law
- Dependants relief claim ontario — Treadstone Law
- Holograph handwritten will ontario — Treadstone Law
- What is preferential share ontario intestacy — Treadstone Law
- Intestacy spouse one child ontario — Treadstone Law
- Wills & estates practice — Treadstone Law