What happens if there are no relatives and no will in New Brunswick?
This answer covers the law of New Brunswick.
A person with no will is called an intestate, and while probate is not strictly mandatory in New Brunswick, it is recommended, especially when the estate includes real property. Administration may be granted to the spouse, next-of-kin or next-of-kin's spouse, and a trust company authorized to do business in the Province may also be appointed. Letters of administration are granted by the Probate Court, which appoints an administrator to collect assets, pay debts and taxes, and distribute to those legally entitled.
Relatives are checked in a set order, and a married spouse comes first: with no children the spouse takes the whole estate. If there is no spouse or issue, the estate goes to the father and mother equally, then brothers and sisters, then nephews and nieces, then next of kin of equal degree. An unmarried common-law partner has no intestate share.
How the Crown's role works if no entitled relative can be found, including whether assets escheat, depends on the facts and is worth confirming with a lawyer. Where the probate value does not exceed $25,000, the Public Trustee may administer after filing an affidavit with the Registrar.
Key takeaways
- Letters of administration are granted where there is no valid will, and the Probate Court appoints the administrator.
- A trust company authorized to do business in the Province may be appointed as administrator.
- An unmarried common-law partner has no intestate share under the Devolution of Estates Act.
- Where the probate value does not exceed $25,000, the Public Trustee may administer after filing an affidavit with the Registrar.