Probate for Small MB Estates

Courthouse for estate probate

In Manitoba, small estates can avoid probate via summary administration, allowing executors to save considerable effort and cost.

Requirements

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:

  1. Submit a Request for Order (Form 74FF) and an Order under Rule 47 (Form 74GG) to the court
  2. The court will return to you a signed copy of the Order
  3. 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)
  4. 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

Court

In Manitoba, the Probate Division of the Court of Queen's Bench handles probate and estate administration (see Court of Queen's Bench locations).

For statute details, see Court of Queen's Bench Surrogate Practice Act, CCSM, c C290, s 47 and Court of Queen's Bench Rules, Manitoba Regulation 553/88, s74.15.

See also General Probate.

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