PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.
Sometimes a person dies without naming an executor to deal with their estate. They may also have named and executor who is unwilling or unable to act. In these situations, Letters of Administration are required to handle the estate.
It may be necessary to appoint an administrator to deal with an estate where there is no executor. In situations such as these, certain people can apply to the court for Letters of Administration.
The required court forms are available online in Part 16 of the King’s Bench Forms and on saskatchewan.ca.
The law sets out the priority for who may apply. The order is different depending on whether there was a Will. If there was a Will, but no executor was named or is willing or able to act, beneficiaries can apply first. If there was no Will at all, priority goes in the following order:
Up to three people may apply to jointly administer the estate. Anyone with greater or equal rights to apply who does not want to must file a renunciation form.
If there is a Will, but no executor, it is called Letters of Administration with Will Annexed. If there is no Will at all, it is simply called Letters of Administration. Documents similar to what an executor files for Letters Probate must be filed.
The court may require an administrator to post a bond to help ensure that the estate is properly administered. A bond may not be required if all creditors and beneficiaries consent. A bond may also not be required if the estate has no debts and any of the following apply:
PLEA offers free online training on preventing and addressing workplace harassment.