PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.
When the value of an estate is small there are two options that can simplify the process.
If there is real property but the total value of the estate in under $15,000, Letters Probate (if there is an Executor) or Letters of Administration (if there is no Executor) are still required but the local registrar can prepare them. This means that no application for probate or administration needs to be made. A person who is entitled to apply for Letters Probate (the Executor) or Letters of Administration (beneficiary, next-of-kin or other person who has the consent of others with more priority under the law) can contact the local registrar to determine the required documents to have the local registrar prepare the letters for them. There is a small fee for this.
A kit for making this application may be available at your local Court of King's Bench.
If there is no real property and the total value of the estate is under $25,000, Letters Probate or Letters of Administration are not required. Any interested individual can apply to court for an order that the property be given to them to be distributed. This is done by preparing An Application in Small Estates - Memorandum to the Judge. This is form 16-36 in the King's Bench Forms. The person applying to the court states how they propose to deal with the estate (pay funeral expenses and debts and then distribute the rest to the beneficiaries or next of kin).
The Memorandum to the Judge also includes an affidavit setting out who is entitled to share in the estate, information about creditors and their claims, and details about funeral expenses.
PLEA can provide you with information to help you understand many legal matters you, a family member or friend may be facing.