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When the Deceased does not have Last Will and Testament

When a person dies intestate typically the family will act as administrator of the estate.  Section 11 of The Administration of Estates Act lists the persons entitled to apply for Letters of Administration.

  • spouse;
  • children;
  • grandchildren and other issue of the deceased taking per stirpes;
  • parents;
  • siblings;
  • nephews and nieces;
  • next of kin of equal degree of consanguinity;
  • creditors; and
  • the official administrator.

Letters of Administration may not be required to deal with assets that are not part of the estate (Part II Assets) such as property jointly owned with the deceased at date of death, assets with a named beneficiary, or assets outside Saskatchewan.

Letters of Administration may not be required if the value of the estate is $25,000 or less, and does not include real property.  See 'Estates Not Exceeding $25,000.'

Letters of Administration will be required if the estate assets include real estate in order to conduct any land transactions with Information Service Corporation.

To obtain Letters of Administration, the administrator will need to complete the following forms:

A renunciation of administration would typically be required from all persons with a prior or equal right to apply.

If there are entitled beneficiaries that are under the age of 18 or a dependent adult (persons who are not capable of managing their own affairs), then the administrator must also include two copies of Notice to Public Guardian and Trustee - Form 16-12.

The completed forms are filed with the Court of Queen's Bench together with the court fees. The court fees for an application for Grant of Letters Probate is $7.00 per $1,000.00 (or portion thereof) of the total Part 1 Assets listed in the Statement of Property form.

If the estate contains real property and no named beneficiary is under the age of 18 or a dependent adult, then a ‘Local Registrar's Certificate of No Infants Interested’ should be requested from the Court of Queen's Bench for a fee of $25. This must be requested at the time of filing the application for the Grant of Letters of Administration.

If the certificate is not requested from the Court of Queen’s Bench at the time the application is made for Letters of Administration, you can request a Certificate of No Infants from the Office of the Public Guardian and Trustee. You must provide the office with notarized copy of Letters of Administration and an affidavit from the executor or administrator that will establish that there are no minors or dependent adults interested in the estate.

An Administration Bond - Form 16-31 may be required to assure that duties are conducted in accordance with the law.

 

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