Government of Saskatchewan
Quick Search:
Friday, October 31, 2014
Saskatchewan Justice

Public Guardian and Trustee as Official Administrator

The Public Guardian and Trustee is the Official Administrator for the Province of Saskatchewan. Prior to November 15, 1992, Central Guaranty Trust Company of Canada, Co-operative Trust Company of Canada, and Montreal Trust Company were Official Administrators for the various judicial centers throughout the province.

As Official Administrator it is the responsibility of the Public Guardian and Trustee to take possession of the deceased's personal and real property when it is brought to its attention that the executor or next-of-kin have not done so, for the purpose of preserving and protecting it. The Public Guardian and Trustee will have all the powers of an executor or administrator pending the grant of Letters Probate or Letters of Administration. The Public Guardian and Trustee can apply for grant of Letters of Administration 30 days after the death of a person, if no application for Letters Probate or Letters of Administration has been made.

Any person, who has an interest in the estate, may after the expiry of 30 days from the death of a person who leaves property, by written notice, require the Public Guardian and Trustee to apply for Letters of Administration. The Public Guardian and Trustee must apply for Letters of Administration on receiving notice. The Public Guardian and Trustee can apply to court and the court may require the person who gives notice to deposit an amount deemed sufficient by court to cover fees and expenses of the Public Guardian and Trustee.

Regardless, Letters of Administration granted to the Public Guardian and Trustee may be revoked at any time on the application of:

a. any executor applying for Letters Probate; or
b. any next of kin or any domiciliary executor or administrator of the estate applying for Letters of Administration.

If the estate is valued at more than $5,000.00, after the expiration of two years from the date of Letters of Administration, any beneficiary or creditor may require the Public Guardian and Trustee to pass the accounts of administration before a judge.

When a person has died and has no personal representative, service of notices and other proceedings can be effected by serving the Public Guardian and Trustee. Such is the case in the following acts:

i. The Closing-Out Sales Act ; Section 2(2)
ii. The Provincial Lands Act ; Section 76(3)
iii. The Subdivisions Act ; Section 4(3) (a) & (d)
iv. The Tax Enforcement Act ; Section 25(1) & (2)
v. The Rural Municipality Act, 1989; Sections 378(2),379(1), and 380(a)
vi. The Land Titles Act, 2000 ; Section 115(3)
vii. The Automobile Accident Insurance Act ; Section 29(3)

In each case it is not the entire estate that is being administered but a particular issue or asset.


This website provides information, not legal advice. For advice about your specific situation, please consult a lawyer.



© 2014 Government of Saskatchewan. All rights reserved.