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Form 40 (cont.)

Form 40
Probate District: **
Probate Court File No.: **

IN THE COURT OF PROBATE FOR NOVA SCOTIA

IN THE ESTATE OF **, Deceased

Application to Pass Accounts Without a Hearing

(S. 55(1)(a))

I, **[name of applicant], am the personal representative of this estate.

The applicant requests an order: [check the appropriate box(es) below]

deeming service of all documents on all parties sufficient

passing the accounts of the estate for the period to

setting the commission for the personal representative on settlement of the estate

taxing a solicitor's bill of costs

directing distribution of the estate

directing the release of any security or cancellation of any bond

directing payment to the trustee, guardian, court appointed guardian, attorney appointed under the Powers of Attorney Act or the Public Trustee if appointed, for a person under a disability, missing person or unascertained person

declaring the estate insolvent

discharging the personal representative

providing for any other matter that may be required

The applicant has filed with this application:

accounts

signed releases

statement of commission sought

solicitor's bill of costs, to be taxed

The applicant will file an affidavit of the personal representative in Form 43 not less than 10 days before the time set for passing the accounts.

Signature of the personal representative Date

or lawyer for personal representative

Name:

Complete address:

Telephone:

Fax:

E-mail:

[The text of this form may be adapted as required where there is more than one personal representative.]

Notice: This application for the court to pass accounts will be reviewed by the Registrar of Probate for the Probate District of **[name of probate district and address of court]
Date:
Place:
Time:

Please read the application and attached documents carefully so that you understand what the application is about.

If you consent or do not oppose the application, you may:

(a)  check the last box on the notice of objection (Form 42) and return it to the personal representative; or

(b)  do nothing further.

If you intend to contest any part of the application, you must:

(a)  complete and file the notice of objection with the court not less than 10 days before the date set for passing the accounts;

(b)  serve a copy of the completed notice of objection on the personal representative of the estate or on the lawyer for the personal representative at the address given on the application form; and

(c)  come to the hearing on the date set out in the box above and tell the registrar what you object to and why.

If you oppose any part of the application but you do not file and serve the notice of objection:

(a)  you will be taken to have consented to the administration of the estate by the personal representative as recorded in the accounts and other documents filed with the application;

(b)  you may only make representations at the hearing with the permission of the court; and

(c)  the passing of the accounts by the court will take place even if you are not allowed to make representations to the court or do not appear, and you will be bound by the order of the court.

In any event, the court will make an order and a copy of the order will be available to you at the Court of Probate.

Form 40 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

(11043679_1.DOC)