When a loved one passes away, the responsibility of managing their estate falls to an appointed person. If the deceased person has a valid Will, the appointed person is known as the Executor. If the deceased person does not have a Will, the court appoints an Administrator. Navigating the process of administering an estate can be stressful and overwhelming at times. At Pitblado Law, we offer services to help Executors and Administrators navigate the challenges they often face and help ease the burden during this difficult time.
This guide will give you a practical overview of estate administration, whether a Will exists or not.
The Role of Executor/Administrator
An Executor is named in a Will and acts as the legal personal representative of the deceased. Their duty is to carry out the deceased’s wishes as outlined in the Will.
An Administrator is appointed by the court when someone dies without a valid Will (intestate). This person takes over many of the same tasks as an Executor but must follow The Intestate Succession Act, which governs how Manitoba estates are distributed when there is no Will.
A Practical Checklist
To stay organized, it is helpful to work through a checklist. The checklist below is a non-exhaustive list of items to keep in mind while administering an estate.
- Locate Important Documents
- Original Will (if one exists) and testamentary documents
- Burial instructions
- Identification and personal records
- Gather Personal Information
- Full legal name, address, and Social Insurance Number
- Date and place of birth and death
- Marital history and family details
- Identify Beneficiaries
- Names, addresses, and ages of beneficiaries
- Immediate family members (spouse, children, etc.)
- (For intestate estates in Manitoba, this step involves determining who is entitled to inherit under The Intestate Succession Act.)
- Review Financial Information
- Bank accounts (joint and individual)
- Safety deposit boxes
- Insurance policies
- Investments (stocks, bonds, GICs)
- Pension and employment benefits
- Identify Assets
- Real estate (including mortgages and expenses)
- Vehicles and personal property
- Business interests
- Debts owed to the deceased
- Identify Debts and Liabilities
- Credit cards and loans
- Taxes and utilities
- Personal and professional accounts
- Manage Practical Matters
- Redirect mail
- Cancel subscriptions and credit cards
- Arrange storage and insurance for assets
- Distribute Funds
- Pay out debts of the estate
- Distribute residue or remaining funds to beneficiaries
When There is a Will
When a valid Will exists, the process of administration tends to be more straightforward. In some cases, particularly in situations where the deceased’s assets are held solely in their own name, like real property or certain financial accounts, the Executor may need to apply to the court to probate the Will, which confirms their appointment as Executor. Once probate is obtained, if needed, the focus of the Executor will be to carry out the instructions set out in the Will and make sure assets are properly managed and distributed according to the deceased’s wishes. While a Will provides helpful direction, it does not eliminate all challenges, so obtaining advice when needed can make the process smoother.
When There Is No Will
Administering an estate without a Will adds some complexity. An individual in Manitoba, typically a spouse, adult child, or next of kin, must apply to the court to be appointed as Administrator. Unless dispensed with, the court will require a bond or other security before granting authority to that person.
Unlike estates with a Will, intestate estates are distributed according to provincial legislation. In Manitoba, this legislation is known as The Intestate Succession Act. Generally, a spouse or common-law partner will receive a significant portion of the estate with the presumption that any children will inherit a share once both parents have passed away. If the deceased has a spouse from a second marriage, for example, but has children from a previous relationship, those children may be entitled to a share of the estate. If there is no spouse or children, assets may pass to parents, siblings, or more distant relatives. These fixed rules may not reflect what the deceased would have wanted; however, they must be adhered to.
Administrators often face added challenges, such as determining the correct beneficiaries, navigating court applications, and managing potential disputes among family members.
Final Thoughts
To be an Executor or Administrator, you must be organized, diligent, and clear on your legal and financial duties. While some estates are straightforward, many involve complexities such as tax issues, business interests, or family disputes. Obtaining professional advice can help with ensuring compliance with legal obligations, assisting with application for probate or court applications that may be necessary, and navigating tax requirements, among others.
As a full-service firm, we offer the advantage of a team of lawyers equipped to tackle many different areas of the law. This allows us to provide a broad range of advice tailored to Executors and Administrators at every stage of the process. We are able to assist with probate and court applications and help manage tax and reporting obligations. We work to keep the process clear and manageable, ensuring the estate is handled with care, working with you to complete the administration as expeditiously as possible. For supportive, practical estate administration help, contact:
T: 204.956.3526
T: 204.956.3508
Note: This article is of a general nature only and is not presented as a comprehensive review of the law or as being exhaustive of all possible legal rights or remedies. This article is not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice applicable to their own circumstances. We do not undertake any obligation to update this article to reflect changes in law that may occur in the future.