Who Can Apply to Be Administrator of an Estate in New Brunswick

When someone dies without a will, a relative usually has to step forward to manage the estate. Someone has to collect assets, pay debts and distribute what is left.

This article explains who can apply in New Brunswick, how the Court chooses between applicants, and what happens when nobody wants the job.

This article covers the law of New Brunswick.

What an administrator does

Letters of Administration are granted where there is no valid will. The Probate Court appoints an administrator, usually a family member or close friend, who collects the assets, pays debts and taxes, and distributes to those legally entitled.

On death, the deceased's property vests in the personal representative, which is why banks and land registries ask for proof of that person's authority.

Who can apply

Where a person dies wholly intestate, administration may be granted to the spouse, next-of-kin, or the next-of-kin's spouse, as the Court considers proper. The same applies where a named executor refuses on citation to prove the will. A trust company authorized to do business in the province may also be appointed.

The Act is loose about order of priority, so there is no simple ranking you can rely on. If more than one person wants the role, the Court decides who is proper.

• A spouse or next-of-kin may apply.
• The spouse of a next-of-kin may apply.
• A trust company authorized in the province may be appointed.

If several people want the role, or no one does

A person who objects to someone else's application may lodge a caveat with the Registrar or a probate office clerk. No proceedings may be taken on the application without notice to the caveator. A caveat stays in force six months after it is lodged unless it is withdrawn, vacated or a notice of intent to contest is filed.

Where a person dies wholly intestate, administration may be granted to the spouse, next-of-kin, or the next-of-kin's spouse, as the Court considers proper. A trust company authorized to do business in the Province may also be appointed. For administration without a will, a citation to accept or refuse administration cannot issue until fourteen days after death.

If the executor named in a will refuses on citation to prove the will, administration may be granted to the spouse, next-of-kin, or the next-of-kin's spouse, as the Court considers proper. What happens if no one at all is willing to take on the role depends on your situation, so it is worth confirming with a lawyer before you decide how to proceed.

Bonds, special grants and outside grants

Where letters go to a creditor or a non-resident, that person must give a bond with sureties, in an amount equal to the amount under which the deceased's property has been sworn. One surety is enough where estate property is $5,000 or less.

The Court may issue limited letters of administration, and may appoint an interim administrator, who cannot distribute the residue, while a will's validity is in question. Letters of administration from other jurisdictions where there is no will must be resealed before they can support a personal representative's signature on a land registry form.

What to do next

Applications go to the probate office for the judicial district where the deceased lived or where their property was located. Applications for administration without a will use Form 2E or 2F.

• Talk with other relatives about who will apply.
• Get a copy of the death certificate.
• Prepare a sworn statement of the estate's value.
• Be ready to pay with the filing, payable to the Minister of Finance for the Province of New Brunswick.
• Ask a lawyer about a bond or about competing applicants.

Frequently asked questions