Indian Estates Regulations

11 (1) The Minister may appoint an officer of the Department to be the administrator of estates and to supervise the administration of estates and of all the assets of deceased Indians, and may provide that for the purposes of closing an estate the administration of the estate be transferred to the superintendent of the reserve to which the deceased belonged.

(2) The administrator appointed pursuant to this section or the person acting as administrator in accordance with section 4 shall be responsible to the Minister for the proper preparation of the inventory, the giving of all notices and the carrying out of all inquiries and duties that may be necessary or be ordered with respect to any matter referred to in these Regulations.

(3) Where a claim is made against an estate, the administrator may provide for payment thereof out of the assets of the estate when it appears that it is well founded; where in the opinion of the administrator the claim is doubtful or is not of the nature of a cause or matter testamentary, he shall refer it to the Minister for decision.

(4) An administrator may pay all debts owing by the estate and shall obtain receipts therefor or releases, as the case may be, and where the debt is in the nature of a loan, he may pay the balance owing or, with the consent of the heirs, transfer ownership of the security given for the loan or, with the consent of the band or of the Minister, as the case may be, sell the property upon which a lien exists to guarantee payment of the loan; he may also sell any asset real or personal for the purpose of paying debts owing by the estate, under such conditions as may be prescribed.

(5) No proceedings to establish or enforce a claim against an estate shall be valid unless the administrator is made a party thereto.

(6) The administrator may cause partial distribution to be made from the net assets of the estate to ensure the expedient administration thereof.

(7) Where a partial distribution cannot be made, or where the heirs cannot agree as to distribution, the administrator may, with the approval of the Minister, convert the net assets into cash and pay those assets to the Receiver General to be credited to the estate pending final distribution to the persons entitled thereto.

(8) Where the deceased had a deposit with a bank or other financial institution, or where such institution holds bonds or certificates on behalf of the deceased, the administrator may require the financial institution to transfer the moneys to the Receiver General for credit to the estate and to turn over to him the bonds or certificates so that he may sell them and deposit the proceeds to the credit of the estate or dispose of them in such other manner as may be prescribed.

(9) When moneys are payable to the estate of an Indian under a life insurance policy, the administrator may direct that the amount payable under the policy be paid to the Receiver General for credit to the estate.

(10) The administrator shall obtain or cause to be obtained all certificates or releases that may be required under federal or provincial statutes with respect to an estate or a succession.

(11) An administrator is empowered to do all that an executor is empowered to do where the executor refuses to act or is incapable of acting by reason of absence or sickness or for any other reason.

(12) Any bank or other financial institution or any person who makes a payment or delivers a bond or certificate under these Regulations is indemnified against any liability that may arise by reason thereof.

(13) An administrator may, if he thinks fit, and shall, if required by the Minister, lease or renew any lease of land held by the deceased and may cause to be fulfilled any contract entered into by the deceased.

(14) An administrator shall have all such powers as are required for the carrying out of the duties herein specified, and shall carry out any order or direction and abide by any finding made or given by the Minister with respect to any matter and cause testamentary.

(15) An administrator shall be accountable to the Minister for his administration.

(16) Compliance with these Regulations with respect to administration of estates shall discharge the administrator or other person complying therewith from all liability by reason of any of the assets in his hands having been paid, transmitted, remitted or otherwise dealt with in accordance therewith.