Settling a family member's estate

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When someone in your family dies, the "estate" is that family member's real and personal property that must be managed by an executor or administrator. The executor or administrator will be appointed to gather, protect and distribute the estate to those entitled.

If there is a Will, someone may have been named by the deceased as an executor to administer the estate.

Who May Be Appointed to Administer the Estate?

Aboriginal Affairs and Northern Development Canada (AANDC) can appoint a family member, anyone named in the Will, or anyone else the family members choose. If there is no Will or no one is named in the Will and no one applies to administer the estate, AANDC may assist by appointing a departmental administrator for the estate.

Importance of a Family Member Appointment

A family member is in the best position to administer the estate to everyone's satisfaction. A family member will have full control over the estate and is in the best position to obtain the cooperation of the other family members.

Some Duties Of An Administrator

• identify and protect the estate property and belongings;
• pay the estate debts, including funeral expenses;
• distribute what remains to the people named in the Will or to the family in accordance with the provisions of the Indian Act; and,
• provide a full report to the heirs or beneficiaries on what has been done.

AANDC'S Role

If a family member is appointed to administer the estate, the Minister of Aboriginal Affairs and Northern Development Canada has an administrative and quasi-judicial role (ie: the Minister's role is to appoint administrators, approve Wills and reserve land transfers and to resolve disputes brought before the Minister).

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