When a person passes away, the first question their provincial court is likely to have is: Did they have a legal will? When a person passes away with a will and an estate plan, their will becomes a guide for their executor on how to take care of their funeral arrangements, financial affairs, and the distribution of their assets and belongings.
So when someone passes away without a will (intestate), there’s no appointed executor to carry out their final wishes. In this case, an estate administrator is needed. To become the estate administrator, a person must apply for a letter of administration—a legal document that gives them the authority to manage and distribute the deceased’s estate.
In this article, we’ll explore the process of becoming an estate administrator and the implications of obtaining a letter of administration when there is no will. We’ll also go through the steps involved in estate administration under intestate conditions, and the challenges that come with administering an estate without a will to guide you.
When a person is named in a will to manage and distribute an estate, they are called an executor. As per the deceased’s wishes, they can assume the role and become responsible for the testator’s estate immediately or soon after the testator of the will passes away.
But when the owner of an estate passes away intestate, not just anyone can step up to take responsibility for their estate.
Someone relevant to the estate, such as an heir, beneficiary, or someone close to the deceased, will have to apply to the court to be appointed as the estate administrator of the deceased person's estate. If no one steps up to take on the responsibility of this position, the court will appoint a public trustee instead.
But the person who takes on the role of the estate administrator cannot start immediately. They must wait until the court gives permission through a letter of administration, which can take a while due to the nature of the legal system.
A letter of administration is an official document issued by a provincial court that grants a person permission to access estate assets, finances, and more so they can manage an estate after the estate owner passes away without a will.
A letter of administration and a letter of probate have the same ultimate purpose: to give the ability to manage and settle an estate. But while a grant of probate is applied for by an executor of an estate with a will, a letter of administration can only be applied for and given for estates without an executor or a will.
To get a letter of administration when there is no will, you need to submit a series of documents to the local court, and the process is very similar to applying for probate.
Below is a list of steps and documents you’ll need for each, though specific details may vary from province to province.
The first form is the notice of application form. You send this form to anyone related to the estate or related to the deceased, which may require some legal heir determination. Heirs tend to include the deceased person’s spouse, children, and blood relatives. They could be any person who would be legally entitled to a share in the estate. It’s important to note that in many provinces in Canada, common-law partners are not considered to be legal heirs.
In some provinces, such as British Columbia, you need to deliver these application notices at least 21 days before you submit your application for a letter of administration. This is so you can allow all relevant parties enough time to dispute your application, if they want to.
After the provincial-mandated time between notifying relevant parties has passed, you can compile your application for your letter of administration to the court. This application will most likely include the following documents:
Other documents may be required for your application, depending on your province.
Time to submit the application and all relevant documents. Typically, the courts may ask you to pay probate fees for the estate before you can receive your letter of administration. You’ll pay some of all of the probate fees related to the application when you submit the application itself. Not all estates require probate fees, as they are generally proportional to the value of the estate.
Once you’ve obtained your letter, you can proceed with accessing the estate’s assets and managing and distributing them according to provincial law.
As roles, estate executors and administrators are almost exactly the same. The only differences are how the person is appointed and whether or not they have a will to follow.
Like executor responsibilities, estate administrators are responsible for:
Regardless of whether there is a will, heirs and beneficiaries don’t have legal rights, but they do have expectations that should be met. If these expectations are not met, court action is possible.
If there is an estate administrator and no will, the legal expectations of the heirs and beneficiaries would include:
Should these expectations not be met, the heirs and beneficiaries of the estate are entitled to take the issue to court to have the administrator removed.
Estate administrators, like executors, are not protected from their actions being contested. If they take advantage of their role and engage in self-dealing, they can face legal consequences. If their actions are not considered satisfactory to an heir or beneficiary and their role is contested, they may lose their position.
Settling an estate also tends to take longer when there is no will, as the administrator has to work without a pre-existing plan for the estate, and must navigate succession laws instead of final wishes from the deceased.
Cornerstones of success in managing an estate include staying in open communication with heirs and beneficiaries, understanding the nuances of inheritance and estate laws, keeping detailed records, and knowing how to work efficiently and fairly.
But the first step to making sure your own estate is taken care of is to make your will, which you can do easily online!
To learn more about an administrator’s responsibilities, check out these articles:
