List of summaries, consolidations and regulations
The Administration of Estates Act
The Administration of Estates Act allows the court to appoint a personal representative to distribute the estate of a person who dies, with or without a will, in Saskatchewan, or of a person who lived outside Saskatchewan at the time of death but left real or personal property in the province.
An interested party may apply to the Court of Queen’s Bench with respect to:
In the case of the conduct of the executor or administrator, the Court may first order an inquiry and accounting.
Letters probate is a legal endorsement of the proof of execution of a will. If there is no will, or if the will does not appoint an executor or the executor declines to act or has ceased to act, a person administering the estate applies for letters of administration. Under letters of administration an administrator will be appointed by the Court with full authorization to act as the personal representative of the deceased.
Once letters of administration have been granted, the administrator must enter into a bond for the performance of his or her duties. Like the executor under letters of probate, the administrator becomes the personal representative of the deceased. In both these cases, the executor and the administrator do not act in their personal capacity but as a representative of the deceased. They have power to administer the deceased’s estate, pay funeral expenses, pay other debts, and dispose of property in accordance with the provisions of the will or, where there is no will, in accordance with The Intestate Succession Act.
When a person dies with a will, the persons entitled to apply for letters probate or letters of administration with the will annexed are, in the following order of priority:
When a person dies without a will, the persons entitled to apply for letters of administration are, in the following order of priority:
The Court may, without granting letters probate or letters of administration, order that the personal property of a deceased person be paid or delivered to a person named by the judge and disposed of by that person. This happens when the deceased owned no real property in Saskatchewan and the value of the personal property owned did not exceed $25,000. In special circumstances, such as insolvency of the estate, the Court may appoint any person the judge considers appropriate to be the administrator of an estate.