What Happens to an Estate if There’s No Will?
If someone passes away without a will, they are considered to have died “intestate.” This means that the government will decide how to distribute their estate (property, money, etc.) based on the laws in the province, rather than following the deceased person’s wishes. In New Brunswick, the Devolution of Estates Act outlines the breakdown of the estate.
Typically, the estate is divided equally between the surviving spouse and children. If there is no spouse or children, the estate will go to other family members. However, it is important to note that unmarried partners are not recognized under the current Act as family, and so are not entitled to the estate.
What is an Estate Administrator? How Are They Chosen?
The estate administrator is the person responsible for managing and distributing the deceased’s estate according to the Act. Typically, a family member will apply for this role. All other family members will need to sign a form stating they do not want to be the administrator of the estate. Signing the form does not mean they are signing away their entitlement to the Estate.
If no family or friends apply for this job, an outsider, such as a bank, may appoint someone to act as administrator.
Once an administrator is chosen, the court will issue them a Letter of Administration, which gives them the legal authority to handle the estate according to the law.
How Do I Become an Administrator?
If you want to become the administrator of an estate, you should seek legal advice.
- Prepare Application: In order to apply to become administrator, the Court will require:
- A valid death certificate.
- Proof that a search has been made through the deceased’s belongings for a copy written or electronic copy of the deceased’s Will.
- Details about the estate’s assets (property, money) and liabilities (debts).
- Submit the Application: Turn in the documents and pay probate fees.
- Administer the Estate: Once you’re approved by the Court, you’ll be in charge of handling the estate and distributing the assets according to the Act.
It is worth noting that the cost of the process of becoming an administrator far exceeds the cost of having a Will done. It is best practice (and cheaper) to have a Will done up ahead of time.
If you have more questions about Wills, becoming an Administrator of an estate, or the role of an Administrator, please reach out to Moss Hachey Law for more information.
This blog entry contains information of a general nature only and should not be relied on for legal advice, as your individual situation may vary. The information is current only to the date of publication and may be subject to changes.
