Probate for Small MB Estates
In Manitoba, small estates can avoid probate via summary administration, allowing executors to save considerable effort and cost.
In Manitoba, an estate qualifies as "small" if the total value of its assets subject to probate is <$10,000.
In calculating estate value, you should value assets as of the date of death, and ignore any debts. Do not include assets that would not normally go through probate, such as property with rights of survivorship, assets with named beneficiaries (e.g., RRSPs, life insurance policies), and other standard probate exclusions.
Summary Administration Process
If the estate qualifies as small, you can avoid probate as follows:
- Submit a Request for Order (Form 74FF) and an Order under Rule 47 (Form 74GG) to the court
- The court will return to you a signed copy of the Order
- Provide a copy of the Order in person or by mail to all beneficiaries named in the will (if there is no will, provide a copy to all next of kin)
- Follow the estate distribution instructions in the Order: pay funeral expenses, pay estate debts, and distribute any remainder according to the terms of the will or intestate succession if there is no will
In Manitoba, the Probate Division of the Court of Queen's Bench handles probate and estate administration (see Court of Queen's Bench locations).
See also General Probate.