- The Public Guardian and Trustee is the Official Administrator and acts as administrator of last resort, usually only where there is no next of kin or the next of kin cannot act.
- Saskatchewan has a set order of people who can apply for Letters of Administration, and the official administrator comes last.
- The $25,000 and $15,000 small-estate figures are different rules, and real estate always requires Letters for ISC land transactions.
When someone dies without a will in Saskatchewan, a family member usually steps forward to deal with the estate. But sometimes there is no relative, or the relatives cannot or will not act. People then ask whether a government office takes over.
In Saskatchewan, that office can be the Public Guardian and Trustee. This article explains when it acts, who comes ahead of it, and how the different small-estate figures fit together so you do not mix them up.
This article covers the law of Saskatchewan.
Who has the right to apply when there is no will
When there is no will, the person who administers the estate applies for Letters of Administration. The Administration of Estates Act sets an order of priority in section 11.
- Spouse
- Children
- Grandchildren and other issue, per stirpes
- Parents
- Siblings
- Nephews and nieces
- Next of kin of equal degree
- Creditors
- The official administrator, last of all
In practice, this means the Public Guardian and Trustee is at the end of the line. A person higher on the list who is willing and able to act generally comes first.
When the Public Guardian and Trustee steps in
The Public Guardian and Trustee is the Official Administrator and is described as the administrator of last resort. It acts where there is no next of kin, or where the next of kin cannot act.
It generally does not act on estates below $25,000, or where a relative is able to administer the estate. So if you are a relative who is able to take on the role, you should not expect the office to do it for you.
Whether the office will act in a particular case depends on the facts, including the size of the estate and who is available. A lawyer can help you work out where your situation falls.
Keeping the small-estate figures apart
Several different dollar figures come up for small estates. They apply to different things, and they should not be merged.
| Figure | What it relates to |
|---|---|
| $25,000 or less, no real property | Letters may not be required for the estate |
| Part II assets | Letters may also not be required for Part II assets, which are jointly owned property, assets with a named beneficiary and assets outside Saskatchewan |
| $15,000 or less | Court staff help prepare the application, and the local registrar prepares the papers if the applicant is a Saskatchewan resident entitled to letters and not a creditor |
| Below $25,000 | The Public Guardian and Trustee generally does not act as administrator |
The $25,000 letters exception does not apply if the estate includes real estate. Real estate always requires Letters for land transactions with Information Services Corporation (ISC).
Land, fees and notice to the Public Guardian and Trustee
Land held solely in the deceased's name is a Part I asset on the Statement of Property, and real estate always requires Letters for land transactions with ISC. Which type of grant applies to your situation is worth confirming with a lawyer.
Real property must first be transferred at ISC into the personal representative's name. If the estate is not insolvent, it can then be transferred to one or more beneficiaries or a purchaser. If the estate is insolvent, the province recommends consulting a lawyer.
Court fees depend on the type of application and the size of the estate, so it is worth confirming which fees apply to your estate with the court or a lawyer. For estates of $15,000 or less administered by the applicant under the registrar-prepared route, the Local Registrar fee is $300 plus a levy of $7.00 per $1,000. Fees may change, so confirm the current amounts with the court.
Separately, the province lists notifying the Public Guardian and Trustee, if minors or dependent adults may have an interest in the estate, as one of the common duties of an executor or administrator. That is a different role from acting as administrator.
What to do next
- Find out whether there is a will, and whether any relative is able and willing to apply.
- Work through the priority list to see who has the first right to apply.
- Add up the assets and check whether any real estate is involved.
- Ask each bank or credit union whether it requires Letters before releasing funds.
- Note whether any heir is under 18 or a dependent adult.
- If there seem to be no relatives, or they cannot act, speak with a lawyer about approaching the Public Guardian and Trustee.
Frequently asked questions
Does the Public Guardian and Trustee automatically take over when there is no will?
No. It acts as administrator of last resort, usually where there is no next of kin or the next of kin cannot act. It generally does not act where a relative is able to administer the estate.
Can the Public Guardian and Trustee refuse a small estate?
It generally does not act on estates below $25,000. Whether it will act in a particular case depends on the facts, so a lawyer can help you confirm.
Do I always need Letters of Administration for a small estate?
Not always. Letters may not be required where the estate is $25,000 or less and includes no real property. If there is real estate, Letters are required for ISC land transactions.
Is the $15,000 figure the same as the $25,000 figure?
No. The $15,000 figure relates to court staff and the local registrar helping prepare the application. The $25,000 figures relate to when Letters may not be needed and when the Public Guardian and Trustee generally acts.
Sources
- Court of King's Bench – Probating an Estate — sasklawcourts.ca
- Government of Saskatchewan – Real Property (administering an estate) — saskatchewan.ca
- Government of Saskatchewan – When the deceased has a last will and testament — saskatchewan.ca
- Government of Saskatchewan – Estates not exceeding $15,000 — saskatchewan.ca
- Government of Saskatchewan – Executor or administrator duties — saskatchewan.ca
- Government of Saskatchewan – Creditors, debts and expenses — saskatchewan.ca
- Government of Saskatchewan – When the deceased does not have a last will and testament — saskatchewan.ca
- Government of Saskatchewan – The Public Guardian and Trustee, administrator of an estate — saskatchewan.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
A single will with us is from $720.39, tax included. Third-party fees are extra.