Grant of Administration - Estate Administration for Intestate Persons

Losing a loved one is undoubtedly a challenging time, and amidst the emotional turmoil, understanding and managing their estate can feel overwhelming.

What is an Intestate Person

When someone passes away without leaving a valid will, they are deemed to have died "intestate." In such cases, the administration and distribution of their assets and estate are governed by Wills, Estates, and Succession Act (WESA), the laws of intestacy in British Columbia. This article explores the estate administration procedure when a person died intestate.

Appointment of Administrator

The first step in the estate application process for an intestate deceased individual is determining who will act as the administrator of the estate. This role typically falls to a close family member, such as a spouse, adult child, or parent. If no suitable candidate is available, the court may appoint an administrator.

Under WESA, the priority of who can be appointed as the administrator of an intestate deceased individual's estate is outlined. Generally, the order of priority for appointment as administrator is as follows:

Spouse or Adult Interdependent Partner

The spouse or adult interdependent partner of the deceased person has the priority to apply for administration of the estate. An adult interdependent partner is someone who has lived with the deceased in a relationship of interdependence for at least two years.

Children:

If there is no surviving spouse or adult interdependent partner, the deceased's children or their descendants have the next priority to apply for administration.

Parents

If there are no surviving spouse, adult interdependent partner, or children, the deceased's parents have the next priority.

Siblings

In the absence of the above, siblings of the deceased or their descendants may be eligible to apply for administration.

Other Relatives

If no eligible individuals from the above categories are available or willing to act as administrator, other relatives of the deceased may apply, with priority given according to their relationship to the deceased and other factors determined by the court.

Application for Grant of Administration

1. Preparation of Documents

The first step in the process involves gathering the necessary documents, including the death certificate, and a detailed inventory of the deceased's assets and liabilities.

2. Application for Letters of Administration

The administrator, or their legal representative, files letters of administration application and supporting documents with the Supreme Court of British Columbia.

3. Court Review

The court reviews the application to ensure compliance with legal requirements. If everything is in order, the court issues a grant of administration, officially recognizing the validity of the will and authorizing the administrator to administer the estate.

4. Estate Administration

The grant of administration provides the administrator with the authority to manage and distribute the deceased's estate according to the laws of intestacy.

Distribution of Assets

The distribution of assets among the deceased's heirs is governed by specific rules established in WESA. For example:

• If the deceased is survived by a spouse but no children, the spouse typically inherits the entire estate.

• If the deceased is survived by a spouse and children, the estate is usually divided between them according to specific proportions outlined in WESA.

• If there are no surviving spouse or children, the estate may pass to other relatives in a predetermined order of priority as outlined by WESA.

WESA restricts a personal representative (administrator or executor) from distributing the estate assets within the first 180 days after they have been granted Letters of Administration or Probate. The rule serves to ensure the orderly administration of the estate, protect the interests of creditors and beneficiaries, and comply with legal requirements. In certain circumstances, beneficiaries of an estate who are entitled to receive assets from the estate can voluntarily agree to waive the 180-day rule.

At Pinewood Law Corporation, we understand that dealing with the estate of an intestate deceased loved one can be daunting. That's why we're committed to providing compassionate and comprehensive legal support to help you navigate this challenging time with confidence and peace of mind.

During the application process, our dedicated legal team will assist you in gathering all necessary documentation, including details of the deceased's assets, liabilities, and beneficiaries. We'll help you navigate the court proceedings and ensure that all legal requirements are met promptly and efficiently.

If you're facing the complexities of estate administration for an intestate deceased individual in British Columbia, don't hesitate to reach out to us at Pinewood Law Corporation. Let us be your trusted partner in achieving a smooth and successful estate settlement process.