N.B. moves to simplify some estate administration

The provincial government has introduced legislation to make administering smaller estates simpler and more efficient.

The proposed changes would increase the value threshold for small estates to $25,000, up from $3,000, allowing the public trustee to administer more estates without a court order.

“Updating the small-estate threshold will allow estates to be administered more efficiently while helping reduce the burden on the courts,” said Justice Minister Robert McKee in a release.

“These changes will help ensure that beneficiaries and heirs receive what they are entitled to in a timelier manner.”

The public trustee may act on behalf of a person who dies without someone to administer their estate.

If passed, the legislation would allow more estates to be handled under the simplified small-estate process.

The legislation would give the public trustee the authority to release property valued at $25,000 or less directly to a verified executor, without requiring probate, when proof of entitlement is provided.

The changes would also give courts discretion to waive certain notification and consent requirements in cases where next of kin can’t be identified or located.

This would help ensure estates can be administered in those circumstances.

The changes are being welcomed by the New Brunswick Legal Aid Services Commission.

Executive director Chantal Landry said they will allow the public trustee service to manage estate files more efficiently.

“Importantly, these changes will not only reduce the time and administrative burden on the courts,” she said in a statement. “They will also ensure that inheritances are distributed to beneficiaries and heirs more quickly.”