Your Family matters
Winnipeg estate administration Lawyers
Losing a loved one is already very difficult, emotionally and financially, and can become even more difficult when you have to administer their estate.
When a person passes away they need someone to manage the assets and debts they have left behind, i.e. their estate, and to distribute the estate in accordance with the wishes or the law.
Experienced Estate Administration Lawyers in Winnipeg
Completing the many court documents required to manage the affairs of another can be overwhelming and confusing. We would be happy to assist you in determining the steps to be taken and discuss how we can help.
Visionary Law is an experienced law firm in Winnipeg that routinely helps families administer a loved one’s estate.
Duties of an Executor or an Administrator
- Locate the will (if there is one)
- Locate the assets of the deceased and determine their value
- Obtain proof of death
- Locate and list beneficiaries
- Obtain Grant of Probate or Administration Order
- File claims for life and health insurance, pension plans, and death benefits
- Advertise for creditors
- Gather assets, arrange for sale of assets not left to beneficiaries, and place monies into a financial institution
- Arrange to have title of the real property transferred to the estate
- Complete income tax returns and obtain the Clearance Certificate from CRA
- Provide an accounting to the beneficiaries
- Obtain signed releases from the beneficiaries
- Distribute the estate according to the will or The Intestate Succession Act
With a Will
If they have left a will, the executor named in the will applies for a grant of probate from the court. Once probate has issued, the executor has all of the authority they need to wind-up the deceased’s affairs.
Without A Will
If there is no will, an interested person (usually the next of kin) applies for letters of administration. This process is slightly more complicated than probate and in most cases requires the administrator to post a bond. The administrator must also be a resident of Manitoba. Once the court has appointed an administrator that person has the same authority as an executor and can manage the deceased’s estate.
There are many checks and balances in place to ensure someone managing a deceased’s estate is acting in good faith and in the best interests of the beneficiaries. If you are unhappy with how an Executor or Administrator is managing the affairs of an estate of which you are a beneficiary you may need the Court’s assistance to intervene.
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