Letter of Administration For Intestate Estates
When someone has passed away, people know that they may need to probate the estate. This means getting a grant of probate where the court certifies that a will is the valid last will of a person. But What happens if there is no will? When someone dies without a will, it is known as dying intestate. Intestate estates requires letters of administration. Call our Calgary legal team today for help deciding how to proceed. 403-225-8810.
What Are Letters Of Administration?
Letters of administration are orders by the surrogate court giving the power to someone to administer an estate. Without letters of administration, intestate estates cannot be distributed. No one can legally transfer assets to the “next of kin”, deal with debts, taxes or manage the property of the deceased. For a quick legal video on intestate and the court process click here.
Who Gets The Estate Under Letters Of Administration?
Under letters of administration, the beneficiaries of an estate are set out as prescribed by law. The government does not automatically get the whole of the estate. Because there is legislation that determines who will be the beneficiaries, these orders of the court are required to give someone the legal ability to transfer the estate to those beneficiaries. Learn more about who will get what in an intestacy and under the letters of administration specifically here.
Do You Require A Letter Of Administration In Alberta?
From a absolute legal position, a letter of administration is required for any intestate estate. They will always be required in certain instances. In order to transfer the following property, letters of administration will be required by third parties:
- Larger bank accounts
- Certain securities (such as stocks and bonds)
- Some insurance proceeds
Do Small Estates Need These Court Applications
From a strictly legal standpoint, every estate will require a court application to determine who can legally distribute the estate and to whom. Smaller estates may be distributed without any third party requiring proof that the courts have granted an order. If this is done, the person who is distributing these assets may become personally liable. Personal liability may arise for failing to distribute the estate to the proper beneficiaries, to the CRA for taxes or for any other debts owed by the estate.
Free Letters Of Administration Consultations
Kahane Law Office in Calgary, Alberta is happy to provide free consultations to determine if a third party will require a letter of administration to distribute assets. We can also let you know of the consequences of proceeding without one. You are then free to decide how you want to move forward with the estate.
Helping You Move Forward
When you are ready to deal with an Alberta estate that is intestate, call us. We know that you have family, tough emotions and a hard transition to deal with. We want to make the process for letter of administration easy for you. We will help you through the process. Call for a personal conversation with one of our estate lawyers. 403-225-8810 or email us directly here today to contact us.