Do I need to post a bond as administrator in New Brunswick?
This answer covers the law of New Brunswick.
Not every administrator has to post a bond in New Brunswick, but some do. Where letters of administration go to a creditor or a non-resident, that person must give a bond with sureties. The bond amount equals the amount under which the deceased's property has been sworn.
Where a bond is needed, one surety is enough if the estate property is $5,000 or less. A trust company authorized to do business in the Province may also be appointed. Administration may otherwise go to the spouse, next-of-kin, or the next-of-kin's spouse as the Court considers proper where a person dies wholly intestate.
Security matters after the grant too: if security becomes inadequate and is not furnished, the Court may revoke a grant of letters of administration. You apply to the probate office for the judicial district where the deceased lived or where their property was located. The bond rule is written for letters of administration, so your situation may differ if you are a named executor. What a bond costs the estate depends on the surety and the circumstances, so confirm it before you apply.
Key takeaways
- A creditor or a non-resident who receives letters of administration must give a bond with sureties.
- The bond amount equals the amount under which the deceased's property has been sworn.
- One surety is enough where the estate property is $5,000 or less.
- If security becomes inadequate and is not furnished, the Court may revoke a grant of letters of administration.