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Letters of Administration

Sometimes a person dies without naming an Executor to deal with their estate. This can happen if the deceased person didn't prepare a Will or prepared a Will but didn't name an Executor. In other cases, a person may have named an Executor in a Will, but that person may be unable or unwilling to act as Executor.

Information kits regarding Letters of Administration may be available at your nearest Court of Queen's Bench. The court forms are also available online in Part 16 of the Queen’s Bench Forms and on saskatchewan.ca.

In situations such as these, certain people can apply to the Court for authorization to act as Administrator of the estate.

A beneficiary or other interested person, usually the next of kin, may apply for Letters of Administration. The law sets out who has priority to apply for Letters of Administration - a spouse, then children, then grandchildren, then parents, and so on. A person applying for Letters of Administration must have the approval of other persons who have greater or equal rights to apply. Up to three people may apply to jointly administer the estate.

Documents similar to what an Executor files for Letters Probate must be filed. However, in these circumstances the court will issue...

  • Letters of Administration - where there is no Will, or
  • Letters of Administration with Will Annexed - where there is a Will but no Executor is named or the named Executor is unable or unwilling to act

The Court may require an Administrator to post a bond to help ensure that the estate is properly administered. A bond may not be necessary if all beneficiaries and creditors agree that it is not necessary.

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About PLEA

PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.