What happens to a deceased person's property that the Public Guardian and Trustee was managing in Manitoba?
This answer covers the law of Manitoba.
When a person the Public Guardian and Trustee (PGT) managed dies, the PGT may keep managing the property until a court appoints an executor or administrator. During that time it can collect assets and pay debts, including funeral expenses. It must search thoroughly for a will.
If there is no will, a relative who lives in Manitoba may apply to administer the estate, and if none does, the PGT can apply. The estate then passes under The Intestate Succession Act. Where the estate is above the prescribed amount, the PGT has an executor's or administrator's powers until it receives written notice of a grant, but it cannot distribute the estate.
Smaller estates are treated differently: at or below the prescribed amount, the PGT may act without a grant, give personal articles to family, sell other property to pay debts and funeral expenses, and distribute to next of kin or beneficiaries. If no next of kin or beneficiaries can be found, the balance goes to the Minister of Finance. Keep the person's personal papers available, since they can help identify next of kin. Whether the estate counts as large or small, a lawyer can confirm where you stand.
Key takeaways
- The PGT may keep managing the property, collecting assets and paying debts including funeral expenses, until a court appoints an executor or administrator.
- The PGT must search thoroughly for a will, and with no will a relative living in Manitoba may apply to administer the estate.
- For estates above the prescribed amount the PGT cannot distribute the estate, while smaller estates may be handled without a grant.
- Keeping the person's personal papers available can help identify next of kin.