If a family member passes with a will, then that will determines who has the first right to manage the estate. Most wills name an executor (or multiple executors and alternate executors) to take on that role.

In Saskatchewan, depending on the type of property the deceased owned, a court application may be necessary. If the deceased owned land, bank accounts, or investments that do not automatically pass to another person or a named beneficiary, someone will likely need to apply to the Court for letters probate or letters of administration with will attached. These are court-issued grants that confirm to banks, land registries, and other third parties that you have legal authority to act on behalf of the estate.

Legislation and court rules set out a priority order for who has the right to manage an estate. When there is a will, the named executors have first priority, followed by any alternates named in the will. After that, priority depends on your interest in the estate. Those with equal or higher priority must either renounce their right or consent to your appointment before you can proceed, unless special circumstances apply.

Should you require assistance with applying to administer an estate, please do not hesitate to contact the author or another member of the McKercher LLP estate administration team for assistance. Learn more about our services by visiting our Wills, Trusts, Estate Planning and Administration webpage.

For more information relating to the administration of Estates, please view the following related blog posts:

Removing or Passing Over an Executor and Administrator from the Estate | McKercher LLP

Dying Without a Will (Intestate) | McKercher LLP

About the Author:

Paige E. Van de Sype is an associate in the Saskatoon office whose practice focuses on estate litigation and administration, power of attorney disputes and oversight, and guardianship appointments and challenges. Paige is committed to her estate litigation and administration practice and providing accessible information for clients on potential claims. 

About McKercher LLP:

For 100 years, McKercher LLP has grown deep roots across Saskatchewan, serving the community from offices in Saskatoon and Regina. Now, as one of the province’s largest and most established full-service law firms, we proudly carry on this legacy – following a client-first philosophy as we provide legal services and real solutions for the people who rely on us.