- An administrator in Manitoba must give a bond to the judge, and unless it is reduced, the total bond is double the sworn value of the property covered by the grant.
- No surety is needed if the sworn value is $50,000 or less, and one surety is needed for values over $50,000 but under $100,000.
- If all beneficiaries are capable adults who consent, the judge may waive the bond or sureties.
When someone dies without a will, or without an executor who can act, the Manitoba court may appoint an administrator to deal with the estate. Before that person can act, the court will usually want some protection for the people who are owed something from the estate. That protection is called an administration bond.
This article explains who has to give a bond, how the amount is worked out, when sureties are needed, and when a judge can waive the requirements. Estates differ, so treat this as a general guide and confirm the details for your situation.
This article covers the law of Manitoba.
What an administration bond is and who has to give one
A bond is a formal promise, given to the judge, that the person appointed will carry out the job properly. It is meant to protect creditors and beneficiaries if something goes wrong. Under The Court of King's Bench Surrogate Practice Act, an administrator must give a bond to the judge.
The bond provisions are aimed at administrators. Form 74V is the Bond for Administrators, and it covers administrators, administrators with will annexed and foreign executors.
An administrator is appointed by the court, while probate is granted to the executor named in the will. Letters of administration are the alternative grant where there is no will or no executor able or willing to act. That is why a bond mostly comes up for administrators and not for executors named in a will who live in Canada.
How the amount of the bond is set
Unless the court reduces it, the total bond must be double the sworn value of the property covered by the grant. So an estate sworn at a higher value means a larger bond.
The sworn value comes from the inventory. Before a grant, the applicant must file a sworn inventory of all property the deceased owned at death, and Form 74B is the Inventory and Valuation of the Property of the Deceased. The inventory therefore drives the bond, and an accurate, complete inventory matters.
If the grant is limited, for example to personal property only or real property only, the inventory need only list the property covered by the grant. The bond is tied to the property covered by the grant.
Sureties: when you need them
A surety is another person or company who also stands behind the bond. The number required depends on the sworn value of the property.
| Sworn value of the property | Sureties needed |
|---|---|
| $50,000 or less | None |
| Over $50,000 but under $100,000 | One |
The rules for values of $100,000 or more are not covered here, so ask a lawyer what applies to a larger estate.
When a judge may waive the bond or sureties
If all beneficiaries are capable adults who consent, the judge may waive the bond or sureties. This is a power the judge may use and not a right, and it depends on every beneficiary being an adult who is capable and who consents.
A waiver is harder to arrange where a beneficiary is a minor or lacks capacity, or cannot be located or will not agree. In those cases, talk to a lawyer about what the court is likely to require.
- The court may also reduce the bond, since the double-value figure applies unless it is reduced.
- In a contested matter, interested persons may be summoned and allowed to become parties, which can affect how the application proceeds.
Executors, non-residents and who can be appointed
An executor named in a will is not the usual focus of the bond rules, since the bond provisions are for administrators. There is an exception for foreign executors: a person not resident in Canada who seeks probate must give security like an administrator's, though the court may waive or reduce it in special circumstances.
Residence matters for administrators too. Administration shall not be granted to a person who is not habitually resident within Manitoba.
If someone who is not next of kin applies for administration, the court generally must order the next of kin and other interested persons to show cause. If the next of kin entitled to administer is absent from Manitoba, the court may grant temporary administration.
What to do next
- Find out whether there is a will and whether the named executor can and will act.
- List all property the person owned at death and its value, as you will need a sworn inventory.
- Ask whether every beneficiary is a capable adult who would consent to a waiver.
- Check that the proposed administrator is habitually resident in Manitoba.
- Use the current forms, because the probate rules and forms have been updated over time and older guides may be out of date.
- Ask a lawyer to confirm the bond amount and surety requirements before you apply.
Questions can also be sent to the Probate Division at ProbateInquiry@gov.mb.ca.
Frequently asked questions
Does an executor named in the will need a bond?
The bond provisions are for administrators, and Form 74V covers administrators, administrators with will annexed and foreign executors. An executor living in Canada does not usually need one. A person not resident in Canada who seeks probate must give security like an administrator's, though the court may waive or reduce it in special circumstances.
How much is the bond?
Unless it is reduced, the total bond must be double the sworn value of the property covered by the grant. The sworn value comes from the inventory filed with the application.
Can the bond be waived?
If all beneficiaries are capable adults who consent, the judge may waive the bond or sureties. It is up to the judge, so it is not automatic.
Can someone who lives outside Manitoba be an administrator?
Administration shall not be granted to a person who is not habitually resident within Manitoba. Separately, if a next of kin entitled to administer is absent from Manitoba, the court may grant temporary administration. A lawyer can explain the options for your family.
Sources
- The Court of King's Bench Surrogate Practice Act — web2.gov.mb.ca
- Court of King's Bench Forms – Probate (Rule 74) — web2.gov.mb.ca
- Manitoba Courts – Probate Division FAQ — manitobacourts.mb.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
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