Acts and Regulations

P-17.1 - Probate Court Act

Section 20
Disposition versions

Full text
Probate value of estate not exceeding three thousand dollars
20(1)Repealed: 2005, c.P-26.5, s.29
20(2)Notwithstanding anything in this Act or the rules to the contrary, if the probate value of the estate does not exceed three thousand dollars it is not necessary for the Public Trustee to be appointed by order of the Court as administrator of the estate, but the Public Trustee in such case has the same power and authority to administer the estate as if he had been appointed by order of the Court to administer the same, upon satisfying the Registrar by affidavit filed that he is competent to take out administration of the estate and that the probate value of the estate does not exceed three thousand dollars.
20(3)Where the Public Trustee becomes empowered to administer the estate pursuant to subsection (2), letters of administration shall be issued to him.
20(4)Repealed: 2005, c.P-26.5, s.29
1983, c.68, s.5; 2006, c.16, s.143; 2005, c.P-26.5, s.29
Powers of Public Administrator where no next-of-kin
20(1)Upon receiving information of the death of any person
(a) dying intestate within the Province leaving assets within the Province at the time of his death, and having no spouse or any known next-of-kin residing within the Province entitled to share in the distribution of the estate of the deceased and ready and competent to take out letters of administration, or
(b) dying testate within the Province leaving assets within the Province at the time of his death, and having no executor, and having no spouse or any known next-of-kin residing within the Province entitled to share in the distribution of the estate of the deceased and ready and competent to take out letters of administration with the will annexed,
the Public Administrator may apply to the Court for administration of the estate of the deceased.
20(2)Notwithstanding anything in this Act or the rules to the contrary, if the probate value of the estate does not exceed three thousand dollars it is not necessary for the Public Administrator to be appointed by order of the Court as administrator of the estate, but the Public Administrator in such case has the same power and authority to administer the estate as if he had been appointed by order of the Court to administer the same, upon satisfying the Registrar by affidavit filed that he is competent to take out administration of the estate and that the probate value of the estate does not exceed three thousand dollars.
20(3)Where the Public Administrator becomes empowered to administer the estate pursuant to subsection (2), letters of administration shall be issued to him.
20(4)Where no application for administration has been made after the lapse of two months from the date of the death of the deceased, it shall be prima facie proof that there is no person within the Province ready and competent to act, and the Minister of Justice and Consumer Affairs and the Public Administrator may act under this section.
1983, c.68, s.5; 2006, c.16, s.143