In Nova Scotia, the Probate Act , section 32, outlines who has priority over who to administer someone's estate if they die without naming an Executor in a valid Will.  The priority applies when a person dies without having made a will, when someone has made a will but it is deemed not valid or when a person has a valid will but does not name an Executor (or any named executors have predeceased the person).

First Priority Nova Scotian Spouse and Children

Not terribly surprisingly, first priority is a tie between the deceased person's spouse and adult children who live in Nova Scotia.  Note, if the deceased person is separated but not divorced, the ex would still retain their priority position as the legal spouse of the deceased. If both the spouse and one or more adult children wish to administer the estate, they would have to apply to the court for a determination as to who gets to act.

Second Priority: Nova Scotian Beneficiaries

After the spouse and children, next in line is anyone who lives in Nova Scotia and is a beneficiary either under the Intestate Succession Act, or if there is a Will, then any beneficiary named in the Will itself.

Third Priority: The Public Trustee

Third is the Public Trustee.  Note, the Public Trustee generally will renounce their position if there are any other competent adult beneficiaries or interested parties who are willing to administer the estate. 

Fourth Priority: Out of Province Applicants

Fourth, are the spouse, children, and beneficiaries who live out of Province. Be aware that unless the deceased person has specifically waived the requirement in their Will, anyone applying to administer an estate who resides outside of Nova Scotia is required to post a bond to the Probate court valued at 1.5 times the estimated value of the Estate.

Fifth Priority: Creditors

If there is no one else who has applied to act, a creditor or person who has a cause of action against the state can apply to administer the estate.

Last Priority: Any one else interested in the Estate

It can happen that a person can die without a Will and leaving surviving family members. In that case, the court can use its discretion to appoint who it thinks is appropriate. This is where common-law spouses can apply or a family friend.

If you have more questions about the Probate Process in Nova Scotia or how to Administer an Estate if you the executor or personal representative, check out our other blogs on the topic:

DO I NEED TO PROBATE MY ESTATE?

A REAL-LIFE HORROR STORY – HE DIED WITHOUT A WILL

WHO GETS IT WHEN YOUR GONE? DEALING WITH YOUR HOME IN NOVA SCOTIA WHEN YOU PASS AWAY

WILL THE PUBLIC TRUSTEE IN NOVA SCOTIA HELP ME PROBATE AN ESTATE?

HOW DO I KNOW IF A NOVA SCOTIA ESTATE REQUIRES PROBATE?

WHAT HAPPENS TO MY HOUSE IF I DIE WITHOUT A WILL IN NOVA SCOTIA?

WHAT IS PROBATE IN NOVA SCOTIA?

Have questions for us?:

If you have any questions about Administering an Estate or the Probate process, you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Issue Review Consult for $250+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain us.

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers