Need help with (probate)?

[Fish along]

My wife's daughter passed away a few months ago,and there was no will,my wife and I payed for all the funeral procedures and she's also looking after all the bills and creditors, she just recently had her daughter's taxes done and the accountant says she needs a letter of probate,only problem is that her daughter passed away in Manitoba and it seems she will have to go to a Manitoba court to get a letter of probate. Can an arrangement be made to get them some other way? or can can she call ahead some how to deal with the preliminaries, we are not sure .Hope someone can help us ,thank you.

[Drewski Canuck]

Sorry for your loss.

I have to do Applications for Probate & Letters of Administration a few times a year for friends and family in my Practice. It is not the main area of practice though.

If the residency on date of death was Manitoba, then the Application for Letters of Administration will have to be in the Court of Queen's Bench in Manitoba, and under their Intestate Succession legislation.

In Alberta, we combined the Wills Act and Intestate Succession Act a few years ago. Can't comment on Manitoba though.

If there is Real Property in the deceased's name located in Alberta, then you re seal the Manitoba Grant of Administration with the Court of Queen's Bench (Surrogate Matters) in Alberta.

Drewski

[MyAlberta]

Originally Posted by Fish along

My wife's daughter passed away a few months ago,and there was no will,my wife and I payed for all the funeral procedures and she's also looking after all the bills and creditors, she just recently had her daughter's taxes done and the accountant says she needs a letter of probate,only problem is that her daughter passed away in Manitoba and it seems she will have to go to a Manitoba court to get a letter of probate. Can an arrangement be made to get them some other way? or can can she call ahead some how to deal with the preliminaries, we are not sure .Hope someone can help us ,thank you.

I’d be getting a second opinion. Different institutes can call for probate, an accountant isn’t one of them. Ask specifically who is calling for the probate, and speak directly with them in regards to their policies.

[Drewski Canuck]

The Accountant is trying to file a "Terminal Year Return". CRA needs to know who the Representative of the Estate is, as it is the Representative of the Estate claiming to be entitled to do this. The Court is the author of the legal authority relied upon.

Thus, the Accountant is doing the right thing by asking for the Letters of Administration.

Drewski

[Fish along]

Thank you for your replies,you have made this a lot easier for us to understand.

[Ken07AOVette]

Deepest condolences for family and friends. I am sorry for your and their loss.