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If a family member passes with a will, then that will determines who has the first right to manage the estate. Most wills name an executor (or multiple executors and alternate executors) to take on that role.
In Saskatchewan, depending on the type of property the deceased owned, a court application may be necessary. If the deceased owned land, bank accounts, or investments that do not automatically pass to another person or a named beneficiary, someone will likely need to apply to the Court for letters probate or letters of administration with will attached. These are court-issued grants that confirm to banks, land registries, and other third parties that you have legal authority to act on behalf of the estate.
Legislation and court rules set out a priority order for who has the right to manage an estate. When there is a will, the named executors have first priority, followed by any alternates named in the will. After that, priority depends on your interest in the estate. Those with equal or higher priority must either renounce their right or consent to your appointment before you can proceed, unless special circumstances apply.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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