Can the Public Guardian and Trustee Step In on an Estate in British Columbia?

This answer covers the law of British Columbia.

Yes, the Public Guardian and Trustee can step in on some estates, mainly where it is named as executor in the will or where no suitable person is willing or able to administer the estate. It does not take over every difficult estate, and it does not settle family disputes over who should act.

Anyone aware of an estate that needs administration can refer it, including family members, executors, beneficiaries, coroners and social workers, online, by calling 604-660-4444 or by emailing estates@trustee.bc.ca. It may decline an estate whose assets cannot cover funeral costs and its fees, and it usually requires consent from all or most known beneficiaries or heirs.

The court cannot appoint it as administrator without its prior written consent unless it applies itself. Separately, where a minor beneficiary has no trustee or trust, the personal representative must pay or transfer the minor's interest to it in trust for the minor, rather than to the minor or a parent, unless the court appoints a trustee first. Whether it can help with missing beneficiaries or unknown heirs depends on the facts, so it is worth asking a lawyer.