Who Can Apply for Letters of Administration With No Will in Saskatchewan?

When someone dies in Saskatchewan without a will, the family often does not know who is allowed to take charge of the estate. You may be wondering whether you can apply, whether a brother or a parent comes first, or what happens if nobody wants the job.

The law answers this with a priority list. This article walks through that list, how people step aside, when the court grant is actually needed, and what the application generally costs.

This article covers the law of Saskatchewan.

What Letters of Administration are

When a person dies with no will, the court document that gives someone authority to manage the estate is called Letters of Administration. Where there is a will that names an executor, the grant is Letters Probate instead, and where there is a will but no executor is named, or the executor cannot or will not act, it is Letters of Administration with Will Annexed.

The person who receives the grant is called the administrator. Their job is similar to an executor's: find and secure the assets, deal with debts, and distribute what is left to the people entitled to it.

Who has priority to apply

Section 11 of The Administration of Estates Act sets the order of priority to apply for Letters of Administration. In general, someone higher on the list has a better right to apply than someone lower down.

The list is in the order the Act sets out. Whether a particular person still counts as a spouse for inheritance purposes can be a separate question. A spouse who had lived separate and apart from the person who died for two years takes no share on intestacy. If that could apply to your family, it is worth getting legal advice on how it affects who should apply.

Which Act governs who inherits depends on the date of death: The Intestate Succession Act, 1996 applies to deaths before October 1, 2019, and The Intestate Succession Act, 2019 applies to deaths on or after that date.

Stepping aside, bonds and the Public Guardian and Trustee

You do not have to apply just because you are first in line. A person with a prior or equal right who does not want to act can give that up by signing a Renunciation of Administration (Form 16-26). This is often how a surviving spouse lets an adult child take on the work, or how siblings agree on one person.

The court may require an Administration Bond (Form 16-31). Ask the court staff whether a bond will be needed in your situation.

If any beneficiary is under 18 or a dependent adult, a Notice to Public Guardian and Trustee (Form 16-12, two copies) is required.

If there are no relatives, or the next of kin cannot act, the Public Guardian and Trustee is the Official Administrator and acts as the administrator of last resort. It generally does not act on estates below $25,000 or where a relative is able to administer. In practice, that means family members are usually expected to sort out who will act.

Do you actually need Letters?

Not every estate needs a court grant. The Court of King's Bench says the only asset that absolutely requires probate is an interest in land, including mineral rights, registered solely in the deceased's name. For other financial assets, the bank, credit union or trust company decides whether it needs Letters, so the first step is to ask the institution.

• Land held solely in the deceased's name: Letters are required for any land transaction with Information Services Corporation (ISC).
• Land in joint tenancy with survivorship, bank accounts with survivorship, life insurance with a named beneficiary, and RRSPs or RRIFs with a named beneficiary pass outside the estate.
• Small estates: Letters may not be required where the estate is $25,000 or less and includes no real property, and for assets such as jointly owned property or assets with a named beneficiary.

Costs and the small-estate option

How the court fees apply to a grant of Letters of Administration depends on your situation and the value of the estate, so it is worth confirming the exact amount with the court or a lawyer before you apply.

When the fee is paid and which assets are counted toward it can also depend on how the estate's assets were held, so it is worth confirming this with the court staff or a lawyer.

For estates of $15,000 or less administered by the applicant, court staff help prepare the application. Under section 7 of the Act, the local registrar prepares the papers if the estate is within the prescribed amount, the applicant is a Saskatchewan resident entitled to letters and the applicant is not a creditor. The Local Registrar fee in that case is $300 plus the $7.00 per $1,000 levy.

These two small-estate figures are different things. The $25,000 figure is about when Letters may not be needed at all, while the $15,000 figure is about the registrar-prepared application.

What to do next

• Find out whether there is a will, since that changes which grant applies.
• List the assets and note which are solely in the deceased's name and which pass by survivorship or a named beneficiary.
• Ask each bank or institution whether it requires Letters.
• Work out who is highest on the priority list and talk to the family about who will act.
• Have anyone who is giving up their right sign a Renunciation of Administration (Form 16-26).
• Speak with a lawyer if there are minors, a separated spouse, debts that may exceed the assets, or family disagreement.

Frequently asked questions