If a loved one dies without a will in New Brunswick, you must apply to the Court of King’s Bench for “Letters of Administration.” This grants you the legal authority to manage their estate. Filing requires securing an administration bond, paying court fees based on the estate’s value, and usually costs $2,500 to $5,000 CAD in legal fees if you hire a local law firm.
Losing a family member is a painful experience, and discovering they did not leave a will can add massive confusion to your grief. When someone passes away without a valid will, they are said to have died “intestate.” In this scenario, there is no named executor to step in and take charge of the bank accounts, real estate, or debts. Instead, a family member must step forward and ask the court for permission to handle the estate.
In this guide, we will outline exactly how to apply for Letters of Administration in New Brunswick in 2026. 🔍 We will walk you through the Devolution of Estates Act, which dictates who has the priority to apply, the forms you need for the Court of King’s Bench, and the timeline you can expect. Whether you live in Saint John, Fredericton, or Moncton, understanding this process will help you secure your family’s financial matters.
Step-by-Step Process in New Brunswick
Without a will, nobody has automatic access to the deceased’s assets. The bank will freeze the accounts until you present a formal court document proving you are the legally appointed Administrator. Here is how you obtain that authority.
Step 1: Determine Who Has Priority to Apply
New Brunswick law dictates a strict hierarchy of who has the right to become the Administrator. 👪 The surviving spouse generally has the first right to apply. If there is no spouse, the right passes to adult children, then to grandchildren, parents, or siblings. If someone with higher priority does not want the job, they must sign a formal “Renunciation” form, stepping aside so you can apply.
Step 2: Secure an Administration Bond
Because the deceased did not name an executor to trust, the court needs a guarantee that you will not misuse the estate’s money. You are typically required to secure an Administration Bond, which acts as a form of insurance. You can either purchase this bond from an insurance company or ask the beneficiaries to sign a waiver agreeing that a bond is not necessary. The judge makes the final call on whether to waive the bond.
Step 3: File the Application at the Court of King’s Bench
Next, your lawyer will draft a Petition for Letters of Administration. ✍ You must submit this petition, along with a certified death certificate, an initial inventory of the deceased’s assets and debts, and any necessary renunciations or bond waivers to the Probate Division of the local Court of King’s Bench. The court clerks will review the application for any errors.
Step 4: Distribute According to Intestacy Laws
Once the court issues the Letters of Administration, you gain access to the accounts to pay off the deceased’s debts and file their CRA taxes. However, you cannot decide who gets what. You must distribute the remaining assets strictly according to the New Brunswick Devolution of Estates Act, which outlines the exact percentage the spouse and children are legally entitled to receive.
How Much Does it Cost in New Brunswick?
Handling an intestate estate is generally more expensive than a standard probate process because of the added complexities of bonds and renunciations. 💵 All reasonable costs are paid directly out of the estate.
- Court Filing Fees: The Court of King’s Bench charges a probate fee (estate tax) based on the total value of the deceased’s assets. This can range from nominal amounts to several thousands of dollars for larger estates.
- Administration Bond: If the court requires a bond, the premium paid to an insurance company usually costs between $500 and $1,500 CAD, depending on the estate’s size.
- Law Firm Fees: Hiring a commercial or estate lawyer in New Brunswick to prepare the application and navigate the intestacy rules usually costs between $2,500 and $5,000 CAD.
- Administrator Compensation: Just like an executor, an administrator is entitled to claim compensation for their labour, typically up to 5% of the estate’s value.
| Requirement | Explanation | Estimated Cost (CAD) |
|---|---|---|
| Letters of Administration | Court fees based on total asset value | Variable |
| Surety Bond | Insurance to protect beneficiaries | $500 – $1,500 (If not waived) |
| Legal Counsel | Lawyer fees for drafting and filing | $2,500 – $5,000+ |
How Long Does the Process Take?
Applying for Letters of Administration requires patience. 📅 Gathering the asset information, obtaining renunciations from family members, and securing a bond can take 1 to 2 months. Once your lawyer files the complete application at the Court of King’s Bench, it generally takes the court another 4 to 8 weeks to process the file and issue the final grant. After you receive the letters, settling the taxes and distributing the funds will take an additional 12 to 18 months.
Frequently Asked Questions (FAQ)
Who inherits if there is a spouse but no children?
Under the New Brunswick Devolution of Estates Act, if a person dies without a will and leaves a surviving spouse but no children, the spouse inherits the entire estate.
What happens to common-law partners?
In New Brunswick, common-law partners do not have the same automatic inheritance rights as legally married spouses under intestacy laws. If you are common-law and your partner dies without a will, you may have to file a complex legal claim against the estate to receive anything.
Can the bank just release the funds to me?
Generally, no. If the bank account was solely in the deceased’s name, financial institutions require Letters of Administration to protect themselves from liability before releasing any money.
Do I have to take on the role of Administrator?
No. You are never legally forced to act as an Administrator. If you do not want the responsibility, you can simply decline, and the right to apply will pass to the next eligible relative in line.
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