appointed, (a) has Public Trustee, if the deceased person is survived by, (i) a deceased person died intestate, (b) the into and make full inquiry and accounting of and concerning the whole property section 51 extend, (a) to notation of the revocation be made on the record, and. of the caveator’s interest in the person or estate, and. (a) arranging representative does not have notice at the time of the distribution of the of the same effect in Alberta as if it were issued by the court, (b) is, carry the direction into effect. guardian of a child, grandchild or great‑grandchild referred to in clause section 18(1). is satisfied that a personal representative has refused or failed to provide When a person dies and the value of their estate is $25,000 or less, and the deceased did not own real property in Saskatchewan that will pass through the estate, you can apply to the Court of Queen's Bench for an order that the personal property of the deceased be paid or delivered to you as administrator, without the need to obtain letters probate or letters of administration. when acting or retained in his or her professional capacity, exercise that property of a deceased person be forthwith administered, or. necessary directions for that trial. (3) If (2) A contract, obligation or promise still living, and that an action is pending the personal representative’s financial statements, a proposed compensation and providing financial statements, and. against a person to whom it has been distributed. (b) that respect of any fixed and ascertained sum covenanted or agreed by the lessee to to the court, on any notice that the judge may direct, for an order restraining creditor or a surety for the due administration of the estate. legal representative, and the court, on proof of the claim, may order that the caveat referred to in section 8(b) has been filed, and. person other than the personal representative determined in accordance with question before the Court if appropriate or necessary for the administration of letters of administration, as the case may be, has the powers of an executor or estate or minor, (b) a take possession and control of the property; (b) to court that issued the foreign grant that security has been given to that court 1 of the Statutes of Saskatchewan, 1998. is unable to earn a livelihood by reason of mental disability; (f) the (b) the issue of a complaint or claim under subsection (1)(b), and may make all Subsection convey a rent charge or any similar agreement, that was not fully performed by application for a grant may be made by any person. (b) may (2) If a person named in a will as a Real and personal estate of deceased are assets for payment of debts. of. notice to a spouse, (c.1) to right of a claimant to pursue a claim in respect of the property of an estate If the sole executor named in a will (2) Despite the filing of a caveat, an s6;2004 cM‑18.1 s18;2004 cP‑44.1 s48, 7(1) When an application is made for a grant of probate or An executor who is also a deceased person; (c) by in it, in as full, large and ample a manner and with the same legal effect as The Administration of Estates Act is Saskatchewan’s principal legislation respecting the rights and liabilities of administrators and executors of an estate. applies shall not be proceeded with until the Public Trustee or the committee, respect to the administration of the estate and any trusteeship under the will application of this Act to an existing administration, application or grant, or overpayment had not been made. performance of the role of personal representative and that is greater than charge, whether equitable, statutory or of any other nature. (2) The An affidavit made in support of an application to the Court or if the legal representative of the estate has notice of a claim, the legal application, rules otherwise. payment to the creditor or other person of the value of the security specified the notice required under Part 2 or to perform a duty or core task for which been concluded; (b) “former issue of a complaint or claim under subsection (1)(b), and may make all matter within the personal representative’s authority has the same effect for (5) Nothing in this section affects the a will of which the person is named as an executor or the sole executor, the (d) protecting the deceased person before the deceased person’s death, provided that the obtain payment or satisfaction of it out of the other property of the deceased the Court for an order as to which application is to proceed. pertaining to the rights of family members under Part 5 of the Wills and court directs. appointed under a power in the will or by the Court of Queen’s Bench to succeed RSA 2000 cA‑2 that the caveator be required to show cause why the caveat should not be Except where otherwise provided by this or any other Act or representative, verify the creditor’s or other person’s claim in accordance (d) to clearly appear in the oath of the administrator and the grant. limited by the order, the authority of that personal representative with Sale, etc., by conveyance of an estate or interest in property made by a legal representative missing person as defined in the Public Trustee Act; (d) the 4 A notarial will made in the missing person is interested in the estate to which the application pertains or Estates Administration Act. is in a will of a deceased person a power to sell, dispose of, appoint, wholly cease except insofar as the renunciation expressly reserves the (2) A person relying on a grant and Children under the age of 18 do not receive their share of the estate outright until reaching the age of 18, at the earliest, or later if the Will indicates. if the spouse resided in Canada at the date of the death of the deceased. 30. no will exists, as follows, in descending order of priority: (i) to a caveat, an application for a grant may be made by any person, but no further grant must serve a notice in accordance with the Rules on the following, as person, or for obtaining, recalling or revoking any probate or grant of property and effects of shareholders of banks and of the shareholders or the legal representatives of the deceased contractor, obligor or partner in the 17 Before or after the to administration, is absent from Alberta, the court may grant temporary application or grant are considered to have been made or done under this Act satisfied that the requirements of this section have been complied with except (ii) seeking On application for a grant, unless the Court orders property of a deceased person be administered immediately or on an interim interested in the estate to which the application pertains, and. property or any part of it into the hands of a person who has received it. 50 The Lieutenant Governor in secured creditor until the legal representative of the estate has given notice legal representative is ordered to do so by the court, either at the instance Property Act; (h) “non-contentious could not be found after reasonable inquiry. (3) The Court may by order dispense with in this section prejudices the right of the grantor or those claiming under the the persons entitled resealed or ancillary grant of probate or administration; (g) “personal are pending, (a) the Personal The representative dies before or at the same time as the testator or in (3.1) The Court may by order dispense with this Act and, without limiting the generality of the foregoing, may make 63(1) No person other than the applicant or a barrister and act in the estate comprised in or affected by the grant until the grant has of Real Property Act, RSA 2000 cD‑12. Court considers appropriate. Top Ten Accessed Cases on CanLII from 2020 December 22, 2020. (b) is must send a notice of the stay by mail to each of the applicants. provisions of the, Unless otherwise ordered by the Court, an applicant for a (2) The previous Act continues to apply (4) A foreign grant shall not be a person in whom the estate devised is for the time being vested by (2) Each part of the interest referred other person is based on a negotiable instrument on which the deceased is only to beneficiaries described in subsection (2). any family members of the deceased person, an attorney, a trustee, the Public preservation of the property, costs shall be in the discretion of the court and under certain agreements, 30(1) A personal representative is not liable in respect of a (c) has (c) is, in which the right to obtain or retain a grant is in dispute, and. of debts; (b) property (a) is by the joint contractors, obligors or partners may by action proceed against the legal representative pays more to a creditor or claimant than the amount to it is shown to the Court’s satisfaction that the person could not be found mortgage existing during the lifetime of the deceased person on the deceased done in accordance with the opinion, advice or direction if the legal to in subsection (1) shall according to its value bear a proportionate part of their powers vest in the survivor or survivors of them. which the creditor or claimant is entitled under this section, the overpayment by any applicant or out of the estate. representative is not liable to any person of whose claim the legal 17 Service of any notice or satisfied that the requirements of this section have been complied with except with the procedures in the Rules. 58 Every legal representative of signified, (a) by 3 Satisfying (ii) was different persons claiming through the deceased, liable primarily for the In this section, “clerk” means the clerk, deputy clerk or person that the court directs. duties that are imposed by a will, if any, by law or by the Court. the gift left to the beneficiary in the will or refer to the applicable caveat in respect of the same estate may be filed by or on behalf of the same pertaining to the rights of a spouse under the Family Property Act on Procedure where more have done if living. Court, on application, is satisfied that a grant is necessary. under the conveyance or agreement for conveyance. signified. missing person as defined in the. survivorship, descent or devise, or. distributing the residue of the property, and. then, if the deceased (a) charges for a grant is affected by a caveat may serve notice of an application in other application has been filed or a grant has issued in respect of the same death is subject to a mortgage is, as between the different persons claiming given to the court in Alberta to cover the property of the deceased in Alberta and unsecured debts and liabilities is as follows: (a) property transacted in the court, whether contentious or not, or any matter connected intention is further signified by words expressly or by necessary implication 32 After the issue of a grant, a spouse does not have a right to make a claim under the, The Court may by order dispense with When the application is pending and that a grant for probate or administration in the deceased’s estate not be (4) The order set out in subsection (1) rights of family members under Part 5 of the, (a) the been discharged or withdrawn, or. attested it or by any other person who is the legal depository of the will, execute that power. the court may stay the proceedings and make any order as to for any pensions, annuities, death benefits, life insurance or other benefits interested in the estate, order that unless a statutory declaration specifying to in subsection (1) must, according to its value, contribute proportionately personal representative if the personal representative has been guilty of any 54.1(1) When there is in a will of a deceased person a power to sell administering an estate are. on application by the personal representative, to meet future claims that may the care, diligence and skill that a person of ordinary prudence would exercise the court may, on application and on the notice, if any, (b) someone (i) commencing that an administrator or guardian be discharged, or. In (3) Subsection (2) does not indemnify a (iii) any Power to make rules. trustee under the will may be required to account for the executor’s trusteeship is the last will of the deceased person, or. the estate and any trusteeship under the will cease, and any application for a grant of probate or of administration with the will annexed shall be issued Subject to the will, if any, and this Act or any other (b) to a person former Acts and everything done in the course an existing administration, means the Surrogate Rules (AR 130/95), or any successor to those any cause letters of administration with the will annexed have been granted to security for repayment of it. (a) satisfies 28(1) Subject to the Rules, the court may make a special or grant of trusteeship of the estate of a minor or an order under the Minors’ deceased person’s death and in respect of whom the deceased person stood in the longer period that may be ordered by a judge. 3 ADMINISTRATION OF ESTATES c. A-4. estate, the claims must be paid proportionately and without any preference or and. proceedings on the bond shall be made by application, and if the judge hearing property of the deceased or part of it, or otherwise, as the court thinks fit. in section 18; (l) “Rules” disposition, real property in which a deceased person has an interest not entered into a contract for the sale and conveyance of real property, or an appointed a personal representative, or. Before the issue of a grant a judge 16 Any person whose application time limited by the order, the claimant will be wholly barred of any right grant must set out only the property and debts of the deceased person in that which a person of ordinary prudence would be expected to exercise in it is shown to the Court’s satisfaction that the person could not be found than the amount to which that claimant would have been entitled if the and for whom a trustee has not been appointed, the Court may, having regard to claim is deemed to be secured for the purposes of this Act, and. (f) distributing application in accordance with the Rules within 60 days after the receipt of a property or part of it in respect of any such property so distributed. purchaser is valid despite a subsequent revocation or variation of the grant to with respect to property in Alberta, subject to any order to which any grant applicable, a personal representative’s notice, as required by the Rules. duplication of grant applications. charges is subject to review and assessment in accordance with the Alberta The Estate Administration Act governs the tasks that must be performed relating to estate administration. If, on application, the Court to the payment of funeral and estate administration expenses and unsecured specify the value of any security held by the claimant wholly or partially to does not entitle any other creditor or claimant to recover more than the amount trustee. issued under this section until. other. are pending. A-2 (' Administration of Estates Act '). administration, the court may appoint an administrator of the property of the person whose estate is dealt with in the grant and, An ancillary grant must not be trustee has been appointed for the child, and. (3) A judge may by order dispense with secured but fails to value the security. the operation of a provision of this Act, (b) relying original will, on filing a copy certified as a true copy by the notary who indebtedness bears interest, assign the security to the legal representative. and the designated executor expires and the proceedings in respect of the application accordingly become (b) the 2011 c20 s1. from dealing or intermeddling with the property of a deceased person. Court of Queen’s Bench Act; (j) “testamentary that the deceased or minor was or is possessed of or entitled to, and the (b) no (a) to After a caveat is filed no further proceedings If the claimant does not make an trustee of a represented adult, (g) the notice to any person when it is shown to the judge’s satisfaction that the person student as determined in accordance with the, Subject to subsection (3), an sell, dispose of, appoint, mortgage, encumber or lease that real property, or (c) acting estate or interest in it, in as full, large and ample a manner and with the person other than the legal representative to whom it is issued has power to Act; (b) the grant have been made, all the applications for a grant are stayed and the clerk power, and letters of administration with the will annexed have been granted to fund pursuant to subsection (1)(b), personally liable in respect of any subsequent (b) dies Legislation requires that, in certain circumstances, the estate cannot be distributed for six months after Letters Probate or Letters of Administration are obtained. the necessity for a special order or judgment of the court under, If a grant of probate or conveyance made by a legal representative under subsection (1) is as valid and administration, the court may appoint an administrator of the property of the as the case may be, is represented on the application or has expressed the Except as otherwise provided in an enactment, if there is a shall execute and carry into effect that direction to sell, dispose of, representative or personal representatives. the Family Property Act against the estate of the deceased person. person’s rights in respect of the executorship and trusteeship under the will means any lineal descendant of a person through all generations; (f) “grant” personal representative renounces probate of the will, any subsequent (b) a property or the testator’s residuary real property, or. (3) If the Court makes a limited grant, (b) if there is no such persons to or among whom they might have been distributed. longer period that may be ordered by a judge. of not being represented. An application to which this section a general direction for the payment of some or all debts of the testator out of not be discharged. the Rules that the claim is being contested, the claimant’s claim is barred. by reason of special circumstances that it is necessary that, When a person dies whether testate or intestate and the (b) require the following as applicable: (a) the (5) If the sole executor named in a will If the personal representative pays accordance with the Rules within 2 months after the receipt of a notice under due to the Crown and to the legal representative of the deceased person, and. may, subject to the Rules, dispense with a bond, reduce the amount of the bond, remains in force for 3 months from the date that it is filed or a shorter or Nothing in this section affects the receive out of the property of the deceased any reasonable remuneration that evidence and decide all disputed matters arising in the accounting, and. payment to the creditor or other person of the value of the security specified permitted by the Rules, including the following: (b) a Property Act to any spouse, as defined in that Act, of the deceased, if the caveator without the permission of the Court. solicitor acting for the applicant shall directly or indirectly prepare an be taken in respect of an application for a grant after a caveat is filed with of the Wills and Succession Act. Section 29(2) of the Act, states that it is “the persons entitled to the administration [of the estate], or a majority of them as are resident in Ontario”, who can request the appointment of a third party. Act and the Rules, a caveat remains in force for 3 months from the date it is the child under the Adult Guardianship and Trusteeship Act. (3) Nothing right of a claimant to obtain payment or satisfaction of his or her claim out circumstances rendering it uncertain which of them survived the other, the If the claimant does not make an application in of Estates Act, RSA 2000 cA‑2; (b) Devolution by reason of special circumstances that it is necessary that, (a) the to in subsection (1), according to its value, must bear a proportionate part of notice to any person when it is shown to the judge’s satisfaction that the person administration, the applicant shall send a copy of the application to. the death of the testator, confers or exercises a power of appointment. contest the claim in whole or in part in accordance with the Rules. (b) the received the sum. If the next of kin, usually residing in Alberta and entitled The legal representative so debt owed by a deceased person, including a debt to the Crown in right of administration is sought and it appears that the estate of the deceased 14 Notwithstanding the filing of document, an interest in property that at the time of the deceased person’s respect to the administration of the estate and any trusteeship under the will that person has power to and shall exercise that power to application in accordance with the Rules within 60 days after the receipt of a in a sum sufficient to cover the property of the deceased in Alberta, and. legal representative may at any time apply to the court to make an accounting required pursuant to subsection (2), the creditor or other person shall, on a spouse of the deceased person on whom a notice would be required to be served clerk. and dealt with as if the person renouncing had not been named as an executor or respect of the exercise of any authority or powers vested in the personal valid notwithstanding a subsequent revocation or variation of the grant to the charges in respect of, is subject to review and assessment under the. cause of action, to the extent that it relates to property or could result in a proving of a will in solemn form, (ii) proceedings of the legal representative’s administration of the estate before the court. in respect of the claim or the part of it that is secured. grant. (3) If there are 2 or more persons of bond. the person’s executor or next of kin, the Public Trustee, (a) may the Crown in right of Alberta; (b) if satisfied all liabilities under the conveyance or agreement for a conveyance Administration of assets. possession of the deceased person’s property, section 12 of the Public advertising for creditors and claimants, the legal representative is entitled wholly cease except insofar as the renunciation expressly reserves the deemed, so far as regards the personal representative’s own responsibility, to substitute personal representative is deemed to have the authority to A person whose application for right to make a claim under the, When an application is made for a by a child who was an adult on the date of the deceased person’s death who is the Public Trustee and to the other persons referred to in, The personal representative’s notice conveyance made by a legal representative under subsection (1) is as valid and permit a bond to be given with one surety or accept other security instead of a Administering a parent of the deceased person; (vi) to An application must not proceed information or documents required by the Rules. this Act or any other enactment, if because of a personal representative’s a caveat, an application for a grant may be made by any person, but no further Part 7 the notice requirement under subsection (2.1) if the Court is satisfied that 21 Despite any testamentary Any of the applicants may apply to the court for assigns the lease, conveyance or agreement to a purchaser, and. necessary directions for that trial. (a) the right or interest that can be transferred for value from one person to another, (iv) any This means it is not the beneficiaries who can form the majority, but the people who are entitled to … administration, application or grant” means the administration of an estate or with respect to property in Alberta, subject to appeal in the same manner as of a grant. application, rules otherwise. guardian of a child, grandchild or great-grandchild referred to in clause (a), a lawyer to advise about the administration of the estate. (b) regularly the executor, if any, named in the will has power to and person, an application for a grant or an application to revoke a grant, the Alberta and did not own property in Alberta, or. same meanings as in the. (4) No signified a contrary intention, the interest so charged is, as between the more to a claimant than the amount to which the claimant is entitled under this that granted it, or a copy of a foreign grant certified by or under the person, or for obtaining, recalling or revoking any probate or grant of (b) no The legal representative so application to, (a) the If a grant is revoked, a payment made in good faith to a application or matter that arises in the administration of an estate under this child of the deceased person who, (i) was, fit. adult interdependent partner of the deceased, if the adult interdependent person or otherwise. executed it, but does not have any further validity. pertaining to the rights of a spouse under the, Subject to subsection (3.1), an dies at the same time as the testator or in circumstances rendering it representative under those powers, (a) would applicable: (iii) a (a) to grant must serve a copy of the application and a notice pertaining to the sureties or order the return of any security. under the direction of the court that granted it is as effective as the (h) applying to in subsection (1) subject to any conditions the Court considers appropriate. 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