Frequently Asked Questions
If you die without leaving a valid will, you have died intestate. The Intestate Succession Act says how your property will be divided among your family if you die intestate.
If you die intestate, the court appoints an Administrator whose duties are like those of an Executor in many ways. The Administrator must take inventory of all your property, pay off all debts and obligations (including funeral fees), and then divide the rest of the estate following the rules in The Intestate Succession Act.
Your estate will go to the Crown.
Legally, the personal representative (Executor or Administrator) has the authority to incur reasonable funeral expenses, including burial and a headstone, on behalf of the estate.
It is not a good idea to include funeral instructions in a will, since in most cases the family will attend to the funeral before the will is read.
There are survivor benefits under the Canada Pension Plan, called surviving spouse’s pension, orphan’s benefits, and death benefits. Contact CPP for more details:
In Manitoba, there is no official reading of the will that takes place after the maker dies. The Executor of the estate must make sure that the terms of the will are carried out. Often, the will is not read until after a funeral has taken place.
If the Executor has applied to court to probate the Will, you can access the Will in the court file. You could also try a written request to your sibling or the lawyer for the estate. If they will not provide you with a copy, you may have to hire a lawyer to help you.
To make sure that you receive notification when the will is filed into court you can file a caveat (Form 75A) with the Probate Division of court. The form can be obtained at the Queen’s Printer – Statutory Publications Office. A caveat remains in effect for one year but you can file a new caveat at that time.
Yes. For estates under $10,000 there is a streamlined process available. Applications for administration orders for estates under $10,000 can be obtained at the Queen’s Printer – Statutory Publications Office.