Proposed amendments aim to modernize estate administration and reduce court involvement
New Brunswick has introduced legislation that would expand the value threshold for small estates and allow more estates to be administered without court involvement.
The proposed changes would increase the small-estate threshold to $25,000 from the current $3,000. This adjustment would enable the public trustee to administer more estates without requiring a court order, according to the Department of Justice and Public Safety of New Brunswick.
In a press release, Justice Minister and Attorney General Robert McKee said, “Updating the small-estate threshold will allow estates to be administered more efficiently while helping reduce the burden on the courts.” McKee also noted that raising the threshold would help ensure beneficiaries and heirs receive their entitlements more promptly.
Under the current framework, the public trustee may act where a person dies without anyone available to administer the estate. The proposed legislation would expand the use of a simplified process, allowing more estates to be handled through the small-estate process.
The legislation would also authorize the public trustee to release property valued at $25,000 or less directly to a verified executor without requiring probate, provided that proof of entitlement is established. This measure simplifies the transfer of smaller estates and reduces the number of administrative steps.
In addition, the proposed amendments would give courts discretion to waive certain notification and consent requirements when next of kin cannot be identified or located. The government stated that this change would allow estate administration to proceed in cases that might otherwise be delayed.
If enacted, the legislation would modernize estate administration in New Brunswick and bring the province’s framework more in line with those in other Canadian jurisdictions.
Chantal Landry, executive director of the New Brunswick Legal Aid Services Commission, said the organization supports the proposed amendments. She stated that the changes would enable public trustee services to manage estate files more efficiently, reduce the time and administrative burden on the courts, and help ensure that inheritances are distributed to beneficiaries and heirs more quickly.
