Can the Public Guardian and Trustee Be Executor in Manitoba?

When someone dies and no family member or friend is willing to take on the estate, people often ask whether a public office can step in. In Manitoba, the Public Guardian and Trustee (the PGT) sometimes does, but only in particular situations.

This article explains how the PGT can come to act for a deceased person's estate, what limits apply, and what other options exist. Every estate is different, so a lawyer can confirm how this applies to yours.

This article covers the law of Manitoba.

What the PGT can do for a deceased estate

Under The Public Guardian and Trustee Act, the court may appoint the PGT as administrator on the PGT's own application if the deceased left property in Manitoba and no grant has been issued here. When it acts, the PGT has the powers and duties of a trustee under The Trustee Act.

The PGT is not required to accept an appointment just because it has the power to, unless a court orders it. That is why it is not a guaranteed fallback for every estate.

When the PGT steps in

The PGT describes itself as an administrator of last resort. It acts only when no one else is willing, capable and appropriate. Examples it gives include cases where it already acted as committee for the person, where the court asks it to act, or where no one resident in Manitoba can act or there is a dispute.

There are also waiting periods. Unless the court orders otherwise, the PGT's application cannot be made until 120 days after death if there is a will, or 30 days if there is none. This gives family or named people time to come forward first.

If the PGT was already involved

Different rules apply if the PGT had acted as committee, attorney or trustee for the person. 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.

For estates at or below the prescribed amount, the PGT may file a notice of administration with no filing fee and act as administrator. It may also act without a grant to give personal articles to family, sell other property to pay debts and funeral expenses, and distribute to next of kin or beneficiaries. If none can be found, the balance goes to the Minister of Finance. The prescribed amount is set by regulation, so a lawyer or the PGT can confirm the current figure.

Alternatives and getting out of PGT administration

• Where the PGT managed the person's property and there is no will, a relative who lives in Manitoba may apply to administer the estate, and the PGT can apply if no one does.
• If the PGT has been given a grant, the court may revoke it and issue it to another eligible person on application.
• The person applying must serve the PGT at least 10 days before the hearing.
• If all interested persons are capable adults who consent, the PGT must not oppose the application.

If you are thinking of naming the PGT in a will, that is a different question from a court appointment. The rules above deal with court appointment, so ask a lawyer whether naming the PGT is workable and what alternatives suit your situation.

What to do next

To reach the PGT about a deceased estate, call the PGT office, say it is about a deceased estate, and give the deceased's last name. You are then connected to the Estates Department. The PGT does not charge for this inquiry. The Winnipeg office is at Suite 500, 155 Carlton Street, telephone (204) 945-2700, and the Brandon office is at 340 - 9th Street, Rm. 131, telephone (204) 726-7025. The toll-free line is 800-282-8069, and unscheduled drop-in service is not available.

• Keep the deceased's personal papers available, since they can help identify next of kin.
• Write down the deceased's full name, date of death and any known relatives or friends.
• Ask whether a will exists and who is named in it.
• Speak with a lawyer if there is a dispute or if you are unsure whether to apply yourself.

Frequently asked questions