If you do not have access to a computer, you may purchase court forms at any Manitoba Court Centre.
You can find information on the Laws of Manitoba at http://www.gov.mb.ca/chc/statpub/index.html
Once you are at this Internet site, click on " Enter Manitoba Laws" to find specific information.
Yes, you can access the Court Registry System online at http://www.jus.gov.mb.ca/registry
The Law Fees and Probate Charge Regulation regulate all court fees.
Fees can be paid by cash, certified cheque or money order. Security for costs must be paid by certified cheque or money order. Payments are to be made payable to the Minister of Finance.
The Court of Queen's Bench, Probate Division, in Winnipeg, acts as the central registry for all probate matters in the Province. You must attend or write to the Court of Queen's Bench, Probate Division, in Winnipeg, to request information. Court staff can photocopy documents from the file for a minimum charge of $2.50. ($1.00 for the 1st page and then .50 cents for each additional page) plus applicable search fees. You will be contacted once the request for photocopies has been completed and will be advised of the amount payable.
Yes, court staff can complete a search in the deceased's name. There is a $10.00 fee payable for every search where records are computerized (1984 and later). A $20.00 fee applies for a search of manual records (prior to 1984) where you provide the name, place of death and date of death. A $40.00 search fee applies when you are not able to provide information in addition to the name of the deceased.
The computerized probate records are available on the Manitoba Courts website and can be accessed on the Court Registry System free of charge at http://gww.crt.jus.gov.mb.ca/registry/index.htm . The manual records can be accessed free of charge at www.gov.mb.ca/chc/archives/probate/index.html for searches prior to 1984.
You are only required to probate a Will if there are assets in the deceased's name alone. Some assets can be transferred without a probate order. Examples of these kinds of assets are:
The fees are:
For exact fees, you make use of this probate calculator to enter your precise data and determine the amount of your Probate Fees.
CAN I PAY THE PROBATE FEE WITH ESTATE ASSETS?
Most financial institutions will release funds from a bank account owned by the deceased to an executor to permit payment of the probate fee. A written request must be made to the financial institution and proof of death must be provided. In most cases the financial institution will issue a draft in the required amount payable to The Minister of Finance.