Who Can Be Administrator of an Estate With No Will in Nova Scotia

When a relative dies without a will, someone must be given legal authority to deal with the estate. Property registered solely in the deceased's name cannot be transferred to beneficiaries without court approval, so the Probate Court gives the person appointed the legal authority to transfer it out of the estate, and applications are dealt with by a Registrar of Probate for the district.

This article explains how priority generally works, what the application involves and what duties follow. Your own situation may have wrinkles, so a lawyer can confirm the details.

This article covers the law of Nova Scotia.

How priority works

On an intestacy the Public Trustee ranks third in priority to administer, after the spouse or resident children, and then residents who are heirs. The Public Trustee also searches for heirs. If none are found, funds go to the Department of Finance, and later-appearing heirs can still claim.

The Public Trustee's priority is higher if it previously acted as trustee, guardian or custodian for the deceased. Unmarried common-law partners have no rights under the Intestate Succession Act, so ask a lawyer where a common-law partner fits.

Why a grant is needed

Property registered solely in the deceased's name cannot be transferred to beneficiaries without court approval; the Probate Court gives the legal authority to transfer it. A grant is generally required to sell or transfer land in the deceased's name, though land held as a joint tenant passes by survivorship without one.

For assets with a named beneficiary or joint owner, probate may only be needed if the bank, insurer or other holder asks for it, and that request is usually made only for sole-name assets.

Applying and security

Applications are dealt with by a Registrar of Probate for the district. The application for a grant of administration is Form 9 (or 9A). If the application or required material is incomplete, the registrar may issue a notice of rejection in Form 17 by ordinary mail; one listed reason is an affidavit not sworn before a barrister, notary public, registrar or deputy registrar.

The Regulations refer to security and to the value of the estate. That value is the gross value of personal property plus the fair market value of real property less registered mortgages and encumbrances, and unsecured debts are not deducted from personal property. It is measured as of the date of death. Whether a bond or other security is needed in your case is best confirmed with the registrar or a lawyer.

Duties once appointed

• File a full inventory in Form 29 within 3 months after the grant.
• Serve notice of the grant on each person who is or may be entitled to share in the estate within 30 days, with proof of service due within 60 days, unless the registrar extends these times.
• Advertise in the Royal Gazette, which is required for every estate and runs six months.
• Keep accurate records of all property and debts of the estate.
• Avoid distributing early, since that risks personal liability for unpaid claims.

What to do next

• Confirm that no will exists, and talk with other family members about who will apply.
• Collect the death certificate and a list of assets, debts and likely heirs.
• Contact the Registrar of Probate for your district about the forms.
• Get legal advice if family members disagree or if there is real property.

Frequently asked questions