What Happens When Someone Dies With No Family in Manitoba

You may be a friend, landlord or neighbour of someone who has died, and no relatives can be found. You may wonder who looks after their belongings, their debts and their funeral.

In Manitoba, an estate with no will is dealt with under The Intestate Succession Act, and the Public Guardian and Trustee (the PGT) can become involved. This article explains the general picture. A lawyer can confirm how it applies to a particular situation.

This article covers the law of Manitoba.

No known family does not always mean no heirs

If there is no will, the estate passes to relatives in a set order. After any spouse or common-law partner, it goes first to the issue, meaning children and then more remote descendants. If there are no descendants, it goes to the parents in equal shares, or to the surviving parent.

If there is no issue and no parent, the estate goes to the issue of the parents, which means siblings and the nieces and nephews of a deceased sibling. After that come grandparents and their issue, and then great-grandparents. Relatives can therefore exist even when nobody in the person's daily life knew of them.

Only if there is no successor under the Act does the estate go to the Crown. Also, a person who does not survive the deceased by 15 days is treated as having died first, but that rule does not apply if it would send the estate to the Crown.

Who handles the estate

The PGT describes itself as an administrator of last resort. It acts when no one else is willing, capable and appropriate, for example where the court asks it, or no one resident in Manitoba can act or there is a dispute. A court may appoint the PGT as administrator if the person left property in Manitoba and no grant has been issued here. Unless the court orders otherwise, it cannot apply until 30 days after death if there is no will, or 120 days if there is a will.

The PGT is not required to accept an appointment just because it has the power to, unless a court orders it. Where the PGT already managed the person's affairs, it may keep managing the property until a court appoints an executor or administrator. It must search thoroughly for a will.

Who pays for the funeral

The executor, next of kin or a friend can arrange the funeral and burial, and the estate pays. If the estate lacks money for a basic funeral, Employment and Income Assistance may be asked to pay. As a last resort, the sub-inspector of anatomy at the Medical Examiner's Office arranges burial when no one else is available.

If you are thinking of paying for the funeral yourself, keep the receipts. Whether you can be repaid from the estate depends on the facts, so ask a lawyer before you commit.

Debts, taxes and certificates

• Estate assets must cover debts before will beneficiaries inherit, and paying debts is one of the administrator's tasks.
• A final tax return is due by April 30 of the following year for a death between January 1 and October 31, or within 6 months of the date of death for a death between November 1 and December 31. If the deceased or their spouse or common-law partner was running a business, the filing date is June 15 of the following year for deaths between January 1 and December 15, and the payment deadline is unchanged.
• The CRA says the legal representative should obtain a clearance certificate before distributing assets, and distributing without one while tax is owing can make the representative personally liable up to the value of assets distributed.
• A death certificate costs $30.00 from Manitoba Vital Statistics, and any person with a valid reason may apply.

What to do next

If you are in contact with the PGT's Estates Department, call the PGT office, say it is about a deceased estate and give the deceased's last name. Someone who may be an heir should give the last name and their relationship, and the PGT does not charge for this. Unscheduled drop-in service is not available.

• Do not remove or sell belongings without advice.
• Keep the deceased's personal papers safe, since they can help identify next of kin.
• Secure the home and note any urgent bills or perishable items.
• Tell the PGT what you know about relatives, a will, and any debts.
• Speak to a lawyer before paying large bills from your own pocket.

Frequently asked questions