Letters of Administration

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 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:

• a spouse
• children
• grandchildren
• parents
• siblings
• nephews and nieces
• any further next of kin
• any creditors of the deceased
• the public guardian and trustee

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.

There are a number of documents that must be filed before Letters of Administration can be issued…

• Application for Grant of Administration. This includes information about the deceased and beneficiaries, the date of death and a request to administer the estate.
• Affidavit of Applicant for Administration. This is a document sworn by the applicant. It contains a promise by the applicant to properly administer the estate. The application is attached as an exhibit to the affidavit.
• Statement of Property. This is a statement which outlines in detail all the known assets of the deceased, including their value at the date of death. It also includes a statement describing and estimating value of property of the deceased that does not form part of the estate. This could be things like jointly owned property and items payable to a named beneficiary under particular documents, such as life insurance policies, RRSP's and annuities.
• Notification to the Public Guardian and Trustee. This document is only required if there are beneficiaries under the age of 18 or dependant adults with an interest in the estate.
• Renunciation of Administration. This document is required if anyone with higher priority to apply as administrator does not want to do so. Each one that does not must complete this form. Up to three people may apply to jointly administer the estate.

Letters of Administration with Will Annexed has its own application, affidavit and renunciation forms. In this case, you must also file an Affidavit of Execution. The affidavit is the same that is used when applying for Letters Probate.

You can request that a certificate that there are no minors with an interest in the estate be issued with Letters of Administration. This document provides proof to anyone who may need it that no minors have a claim to property in the estate. It is used when transferring title of any land to the estate.

The court may require an administrator to post a bond to help ensure that the estate is properly administered. This is done using the Administration Bond form. 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:

• the value of the estate is less than $25,000
• the administrator is the sole beneficiary
• all beneficiaries consent