Letters of Administration in New Brunswick: When and How to Apply

If your family member died without a will — or died with a will but no executor available to act — the Probate Court of New Brunswick cannot simply issue Letters Probate. Instead, someone must apply for Letters of Administration. The process is similar to a standard probate application in many ways, but there are important differences in who can apply, what the court requires, and how the estate gets distributed.

Letters of Administration vs. Letters Probate

When someone dies with a valid will and a named executor, the court issues Letters Probate — formally validating the will and confirming the executor's authority to act.

When someone dies intestate (without a valid will), or when the named executor has died, is incapacitated, or renounces, the court instead issues Letters of Administration — appointing an administrator to manage and distribute the estate.

Letters of Administration with Will Annexed is a third variant: it applies when a valid will exists, but the executor named in that will cannot or will not act. The estate is administered according to the will's instructions, but by a different person appointed by the court.

The legal authority these documents confer is equivalent. The key difference is who gets the money at the end.

Who Has Priority to Apply

When there is no will, New Brunswick law under the Devolution of Estates Act establishes a strict hierarchy for who has the right to apply to administer the estate:

1. Surviving spouse or common-law partner
2. Children of the deceased
3. Grandchildren
4. Parents
5. Siblings
6. Other next of kin

The person highest in this hierarchy has the right — and the responsibility — to act first. If that person declines, they should file a formal renunciation (Form 2AA) so the next eligible person can step forward. The court will not simply appoint whoever volunteers without reference to this statutory order.

How the Estate Is Distributed Without a Will

This is where intestate administration diverges sharply from a standard probate. The administrator does not have discretion to divide the estate as they see fit. The Devolution of Estates Act dictates the distribution formula:

If there is a surviving spouse and children:

• The spouse receives the first $50,000 of the estate (the "preferential share")
• The remainder is split: one-third to the spouse and two-thirds equally among the children

If there is a surviving spouse but no children:

• The spouse receives the entire estate

If there are children but no surviving spouse:

• The children share the estate equally

If there is no spouse or children:

• The estate passes to parents, then siblings and their descendants, then more distant relatives in order of degree

If no eligible heir can be identified, the estate escheats (passes) to the provincial Crown.

Note that these are the rules for assets that pass through the estate. Assets with named beneficiaries — RRSPs, TFSAs, life insurance, pension plans — still bypass the estate and go directly to the designated beneficiary regardless of intestacy rules.

What the Form 2E Application Requires

The Form 2E (Application for Letters of Administration) is filed with the Probate Court in the judicial district where the deceased ordinarily lived or owned property. The application package must include:

• Completed Form 2E
• A sworn statement of the total value of all estate assets as of the date of death
• The original death certificate
• Evidence of your right to administer the estate (your relationship to the deceased)
• Renunciations (Form 2AA) from any eligible persons higher in the statutory priority list who are declining to apply
• The probate tax payment — the same rate structure applies as for standard probate

If you are applying as administrator but reside outside New Brunswick, the court has the discretion to require you to post an administration bond (Form 2Y). This bond protects the estate and local creditors against mismanagement or misappropriation. The bond requirement can sometimes be waived if all beneficiaries consent, but this requires a specific application to the court.

The Four-Month Deadline for Family Law Claims

Regardless of whether an estate is administered with or without a will, the four-month family law window applies. Surviving spouses have four months from the date of death to apply under the Marital Property Act for an equal division of marital property — which may yield a better outcome than the intestacy formula provides. Dependants have four months to apply under the Provision for Dependants Act for maintenance from the estate.

Do not distribute any assets during this period. The administrator carries the same personal liability as an executor for distributions made before these claims are resolved.

Holograph Wills and Disputed Will Validity

One situation that complicates the path to Letters of Administration is the discovery of a handwritten document that may or may not constitute a valid will. In New Brunswick, a holograph will — one written entirely in the handwriting of the deceased and signed by them — is legally valid without witnesses. If such a document is found after an application for Letters of Administration has been filed, the situation becomes more complex and typically requires legal advice to resolve.

If you are unsure whether a document constitutes a valid will under New Brunswick law, do not proceed on the assumption that the estate is intestate until you have confirmed that conclusion with appropriate legal guidance.

For a complete guide to the intestate administration process in New Brunswick — including Form 2E instructions, the statutory distribution formulas, and the steps to close an estate without a will — the New Brunswick Probate Process Guide walks through both paths (with will and without) with step-by-step checklists and plain-English explanations of the relevant legislation.

See more New Brunswick guides →