Decedent Estates Program

Overview

The Decedent Estates Program is responsible for ensuring that the federal government’s legal obligations and responsibilities, pursuant to sections 42 to 50 of the Indian Act, are met by providing for the management of Indian estates. The Minister of Aboriginal Affairs and Northern Development Canada has exclusive jurisdiction and authority over the estates of deceased First Nation individuals who were registered, or entitled to be registered, as an Indian and were ordinarily residents on a reserve before their death.

Program Description

The Decedent Estates Program provides for the administration of the estates of deceased First Nation individuals who were ordinarily residents on a reserve before their death.

The program carries out the following activities:

• appointing estate administrators/executors;
• approving/voiding wills;
• transferring reserve lands;
• distributing estate assets according to the will or the intestacy provisions of the Indian Act (section 48);
• determining heirs;
• performing a quasi-judicial role in weighing evidence and allegations raised relating to the conduct of the administration of an estate, the validity of a will, etc;
• developing and conducting estate planning and awareness workshops;
• tracking information relating to the administration of all estates reported to the department.

Client Group

First Nation individuals who ordinarily reside on reserve.

Summary

As estate administration is a private family matter, the Decedent Estates Program’s goal is to empower First Nation members to administer the estates of deceased First Nation individuals who were ordinarily residents on a reserve before their death. The department’s role is that of “Administrator of last resort.” A departmental employee will only be appointed if no eligible non-departmental individual is willing and able to administer the estate.

Additional Information

For more information about estates and wills, please see our online estates publications or contact your regional AANDC office.

• What Should I Do When A Loved One Dies?
• Settling a Family Member’s Estate
• What is a Will and How do I Make One?
• Why Make a Will?
• Indian Status
• Regional Offices
• Department of Justice - Indian Act  

For more information, contact AANDC toll-free at 1-800-567-9604.