Crown Administration of Estates Act
R.S.O. 1990, CHAPTER C.47
Historical version for the period November 26, 2002 to December 14, 2009.
Last amendment: 2002, c. 18, Sched. A, s. 5.
PGT may administer certain estates
1. (1) The Superior Court of Justice may, on the Public Guardian and Trustee’s application, grant to the Public Guardian and Trustee letters of administration or letters probate with respect to a person’s estate, if the following conditions are satisfied:
1. The person dies in Ontario, or is a resident of Ontario but dies elsewhere.
2. The person dies intestate as to some or all of his or her property, or dies leaving a will without naming an executor or estate trustee who is willing and able to administer the estate.
3. There are no known next of kin who are residents of Ontario and are willing and able to administer the estate, or the only known next of kin are minors and there is no other near relative who is a resident of Ontario and is willing and able to administer the estate or to nominate another person to do so. 2002, c. 18, Sched. A, s. 5 (1).
Same
(2) When letters of administration or letters probate are granted under subsection (1), the Public Guardian and Trustee shall administer the person’s estate for the use and benefit of all the lawful heirs and, if there are no lawful heirs, for the use and benefit of the Crown. 2002, c. 18, Sched. A, s. 5 (1).
Power to safeguard estate, etc.
2. (1) While the Public Guardian and Trustee is conducting an investigation to determine whether the conditions set out in subsection 1 (1) are satisfied, and until letters of administration or letters probate are granted, the Public Guardian and Trustee may,
(a) arrange the person’s funeral;
(b) make an inventory of, take possession of, safeguard and dispose of the person’s property; and
(c) exercise all the powers of a personal representative with respect to the person’s property. 2002, c. 18, Sched. A, s. 5 (1).
Saving
(2) For greater certainty, subsection (1) does not affect the obligation of the Public Guardian and Trustee to apply for letters of administration or letters probate. 2002, c. 18, Sched. A, s. 5 (1).
Access to and use of information
2.1 (1) The Public Guardian and Trustee may collect, use, retain and disclose information related to an estate, including personal information, for the following purposes:
1. Determining whether subsection 1 (1) applies.
2. Valuing the estate assets for the purpose of an application for letters of administration or letters probate.
3. Taking any action on behalf of the estate under subsection 2 (1) before letters of administration or letters probate are granted.
4. Administering the estate. 2002, c. 18, Sched. A, s. 5 (1).
Identifying and locating persons and assets
(2) Without limiting the generality of subsection (1), the Public Guardian and Trustee is authorized to,
(a) identify and locate,
(i) persons who may have an interest in the estate, and
(ii) other persons, but only for the purpose of locating persons who may have an interest in the estate; and
(b) identify the estate’s assets. 2002, c. 18, Sched. A, s. 5 (1).
Institution, mandatory disclosure
(3) Every institution shall disclose to the Public Guardian and Trustee information requested under subsection (1). 2002, c. 18, Sched. A, s. 5 (1).
Exception, Ministry of Health and Long-Term Care and related institutions
(4) Subsection (3) does not apply to the Ministry of Health and Long-Term Care or to any other institution of which the Minister of Health and Long-Term Care is the head. 2002, c. 18, Sched. A, s. 5 (1).
Saving
(5) For greater certainty, subsection (4) does not affect the ability to disclose or transmit information under section 35 of the Mental Health Act. 2002, c. 18, Sched. A, s. 5 (1).
Others, optional disclosure
(6) A person other than an institution may disclose to the Public Guardian and Trustee information requested under subsection (1). 2002, c. 18, Sched. A, s. 5 (1).
Application of subs. (6)
(7) Subsection (6) also applies to unincorporated associations and any other public and private entities. 2002, c. 18, Sched. A, s. 5 (1).
Definitions
(8) In this section,
“head” has the same meaning as in the Freedom of Information and Protection of Privacy Act; (“personne responsable”)
“institution” has the same meaning as in the Freedom of Information and Protection of Privacy Act; (“institution”)
“personal information” has the same meaning as in the Freedom of Information and Protection of Privacy Act. (“renseignements personnels”) 2002, c. 18, Sched. A, s. 5 (1).
Conflict
2.2 (1) Section 2.1 applies despite anything in the Freedom of Information and Protection of Privacy Act or in any other Act or regulation. 2002, c. 18, Sched. A, s. 5 (1).
Same
(2) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act does not apply when information is collected under section 2.1. 2002, c. 18, Sched. A, s. 5 (1).
Notice to Public Guardian and Trustee
3. (1) Notice of every application for letters of administration of the estate of a person who has died in Ontario intestate and without leaving any known adult next of kin living in Ontario shall be given by the local registrar of the Superior Court of Justice to the Public Guardian and Trustee before the issue of letters of administration to any other person, and the Public Guardian and Trustee may, within thirty days after the receipt of the notice, apply for a grant of letters of administration as provided in subsection 1 (1). R.S.O. 1990, c. C.47, s. 3 (1); 2001, c. 9, Sched. B, s. 7 (3, 4); 2002, c. 18, Sched. A, s. 5 (2).
Letters of administration within 30 days
(2) Where the Public Guardian and Trustee consents, letters of administration may issue to the applicant without waiting for the expiry of thirty days. R.S.O. 1990, c. C.47, s. 3 (2); 2001, c. 9, Sched. B, s. 7 (3).
Security dispensed with
4. It is not necessary for the Public Guardian and Trustee to give security for the due administration of the estate, but the Public Guardian and Trustee has all the rights and powers of and is subject to all the liabilities and duties imposed on an administrator. R.S.O. 1990, c. C.47, s. 4; 2001, c. 9, Sched. B, s. 7 (3).
Transfer, assignment or discharge of interest in real property
5. (1) As administrator appointed under this Act, the Public Guardian and Trustee may transfer, assign or discharge all or part of any interest in real property to which the intestate person was entitled at his or her death. 1997, c. 23, s. 6 (2).
Effect of conveyance
(2) The Public Guardian and Trustee’s conveyance under subsection (1) has the same effect as if the intestate person,
(a) had been alive and unmarried on the day it was executed; and
(b) had executed the conveyance himself or herself. 1997, c. 23, s. 6 (2).
PGT’s right to act until grant revoked
6. (1) If, after the Public Guardian and Trustee is appointed administrator under this Act, it is alleged or ascertained that paragraph 2 or 3 of subsection 1 (1) did not in fact apply, the Public Guardian and Trustee retains all the powers of an administrator until the Superior Court of Justice revokes the grant and appoints another person to deal with the estate. 1997, c. 23, s. 6 (2); 2001, c. 9, Sched. B, s. 7 (4); 2002, c. 18, Sched. A, s. 5 (3).
Right to complete sales
(2) Even after the grant has been revoked and another person has been appointed to deal with the estate, the Public Guardian and Trustee retains power to execute a transfer of real property under an agreement made before the revocation. 1997, c. 23, s. 6 (2).
Inquiry as to the rights of Her Majesty
7. Where administration is granted under this Act, the Public Guardian and Trustee may apply to the Superior Court of Justice for an order for the making of the inquiries that are necessary to determine whether or not Her Majesty is entitled to any portion of the estate of the deceased by reason of the deceased having died intestate and without heirs or next of kin or otherwise, and any judgment pronounced upon the inquiry is, unless reversed on appeal or varied upon a substantive application to the court, final and conclusive. R.S.O. 1990, c. C.47, s. 7; 2001, c. 9, Sched. B, s. 7 (3, 4).
Recovery by Crown of real estate of persons dying intestate and without heirs
8. Where a person dies in possession of or entitled to real estate in Ontario intestate as to that real estate without any known heirs, the Public Guardian and Trustee without obtaining letters of administration may take possession of the real estate, and if necessary may bring an action, either in his or her own name, on behalf of Her Majesty, or in the name of Her Majesty, to recover possession of the real estate and is entitled to judgment and to recover possession, unless the person claiming adversely shows that the deceased did not die intestate as to the real estate, or that he or she left heirs, or that the person claiming adversely or some other person is entitled to the real estate. R.S.O. 1990, c. C.47, s. 8; 2001, c. 9, Sched. B, s. 7 (3).
Application by Public Guardian and Trustee to compel an account by administrator in certain cases
9. Where a person has died intestate in Ontario and administration has been granted to a person not one of the next of kin and it is doubtful whether the intestate left any next of kin surviving him or her or there are no known next of kin resident in Ontario, the Public Guardian and Trustee may apply to the Superior Court of Justice for an order requiring the administrator to account for the administrator’s dealings with the estate, and may question in the proceedings the validity of any release or settlement with any alleged next of kin, and the Superior Court of Justice may revoke the administration and grant administration to the Public Guardian and Trustee. R.S.O. 1990, c. C.47, s. 9; 2001, c. 9, Sched. B, s. 7 (3, 4).
Disposition of money
10. The Public Guardian and Trustee shall invest all money administered under this Act in accordance with the Public Guardian and Trustee Act and the regulations made under that Act. 2001, c. 9, Sched. B, s. 7 (1).
Unclaimed money
11. (1) Money administered under this Act that has been unclaimed for 10 years after the intestate person’s death shall be paid into the Consolidated Revenue Fund. 2001, c. 9, Sched. B, s. 7 (1).
Interest
(2) A person who proves entitlement to that money is entitled to receive it, with interest at the rate the Lieutenant Governor in Council directs. 2001, c. 9, Sched. B, s. 7 (1).
Remedy of persons having claims upon the estate
12. Any person claiming to be entitled to any such estate or to any interest therein or to any part of the proceeds thereof may apply to the Superior Court of Justice for an order declaring the person’s rights with respect thereto, and the court may direct the inquiries that are necessary to determine the matter, and may finally adjudicate thereon, but no application under this section shall be entertained unless security for costs is given by the applicant if the Public Guardian and Trustee demands security. R.S.O. 1990, c. C.47, s. 12; 2001, c. 9, Sched. B, s. 7 (3, 4).
PGT’s fees and expenses
13. The Public Guardian and Trustee may deduct from the money received on account of an estate,
(a) all expenses incurred before taking out letters of administration, including expenses incurred in making inquiries in respect of the estate;
(b) all expenses otherwise incurred in respect of the estate; and
(c) any expenses allowed under the Public Guardian and Trustee Act and any fees allowed under that Act and approved by the Attorney General under subsection 8 (2) of that Act. 2001, c. 9, Sched. B, s. 7 (2).
Distribution of assets by Public Guardian and Trustee
14. (1) After having given the notice provided for by the Trustee Act and although the 10 years limited by subsection 11 (1) have not elapsed, the Public Guardian and Trustee may pay any money remaining unclaimed in his or her hands into the Consolidated Revenue Fund, or may pay the money or any part thereof, or assign any personal property remaining in his or her hands, in accordance with any direction of the Lieutenant Governor in Council made under the Escheats Act. R.S.O. 1990, c. C.47, s. 14 (1); 2001, c. 9, Sched. B, s. 7 (3); 2002, c. 18, Sched. A, s. 5 (4).
Non-liability of Her Majesty and the Province
(2) In the case mentioned in subsection (1), no claim shall be maintained against Her Majesty or the Province in respect of any money or personal property paid over or assigned to any person under the Escheats Act or under this Act, but this does not prejudice the right of a creditor or claimant to follow the money, property or proceeds into the hands of the person who has received it under the authority of an order in council. R.S.O. 1990, c. C.47, s. 14 (2).
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