When Does the Public Guardian and Trustee Administer an Estate in Manitoba?

Sometimes a person dies in Manitoba and nobody is willing or able to deal with the estate. The named executor may have died or declined, or relatives may be far away or in conflict. In those cases, the Public Guardian and Trustee (PGT) may step in.

This article explains when the PGT acts, what it does, and how family can take over instead. Your situation may differ, so a lawyer can confirm the best route.

This article covers the law of Manitoba.

When the PGT can be appointed

The court may appoint the PGT as administrator, on the PGT's application, if the deceased left property in Manitoba and no grant has been issued here. Unless the court orders otherwise, the application cannot be made until 120 days after death if there is a will, or 30 days if there is none.

The PGT is not required to accept an appointment just because it has the power, unless a court orders it. When it acts, it has the powers and duties of a trustee under The Trustee Act.

Why the PGT is a last resort

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

• The PGT already managed the person's affairs.
• The court asks the PGT to act.
• No one resident in Manitoba can act.
• There is a dispute among those who could act.

When the PGT was already acting for the person

If the PGT acted as committee, attorney or trustee for a person who dies with an estate above the prescribed amount, it has an executor's or administrator's powers until it receives written notice of a grant, but it cannot distribute the estate.

Where the estate is at or below the prescribed amount, the PGT may file a notice of administration with no filing fee and act as administrator. It may then act without a grant: 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 confirm the current figure.

For a person whose property the PGT managed, it must search thoroughly for a will. With no will, a Manitoba-resident relative may apply to administer, and if none does, the PGT can apply. The estate then passes under The Intestate Succession Act.

Taking over from the PGT

On application, the court may revoke a grant made to the PGT and issue it to another eligible person. The applicant 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.

Whoever administers the estate must cover debts before beneficiaries inherit. A personal representative who publishes the required notice to creditors may distribute after the notice period and is not liable for assets given out to someone whose claim they did not know of, though creditors can still follow estate proceeds.

What to do next

• Keep the deceased's personal papers available, since they help identify next of kin.
• To reach the PGT, call and say it is about a deceased estate, then give the deceased's last name.
• Winnipeg office: (204) 945-2700, or toll-free 800-282-8069. Brandon: (204) 726-7025. Drop-in service is not available.
• If you may be an heir, give the deceased's last name and your relationship. The PGT does not charge for this.
• Order a death certificate if needed. The fee is $30.00 for each certificate.
• Ask a lawyer whether you should apply to administer the estate yourself.

Frequently asked questions