What does the Public Guardian and Trustee do when someone dies with no family in Manitoba?
This answer covers the law of Manitoba.
When someone dies in Manitoba with no family able or willing to act, the Public Guardian and Trustee (PGT) may step in, but it does not have to. The PGT describes itself as an administrator of last resort, acting only when no one else is willing, capable and appropriate. It is not required to accept an appointment just because it has the power to, unless a court orders it.
The court may appoint the PGT as administrator if the deceased left property in Manitoba and no grant has been issued here. Unless the court orders otherwise, that application cannot be made until 120 days after death if there is a will, or 30 days if there is none. The PGT then acts with the powers and duties of a trustee under The Trustee Act.
Estate assets must cover debts before will beneficiaries inherit, and paying debts is one of the administrator's tasks. Where the PGT already managed the person's property, it may keep managing it until a court appoints an executor or administrator, paying debts including funeral expenses and collecting assets. If you knew the person, keep their personal papers available, because they can help identify next of kin.
Key takeaways
- The PGT acts as an administrator of last resort and is not required to accept an appointment unless a court orders it.
- Unless the court orders otherwise, an application to appoint the PGT cannot be made until 120 days after death if there is a will, or 30 days if there is none.
- To reach the PGT about a deceased estate, call the office, say it concerns a deceased estate and give the deceased's last name.
- Someone who may be an heir should give the PGT the deceased's last name and their relationship, and the PGT does not charge for this.