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ESTATES AND DEATHS
DISCHARGE BY EXECUTOR OF UNPROBATED ESTATE
The executor named in an unprobated will may execute a Discharge where evidence is attached to
the Discharge that includes the following:
1. Death certificate;
2. Notarial copy of the will;
3. Affidavit of identity establishing that the testator in the will and the party named in the death
certificate are one and the same individual as the Mortgagee in the Mortgage to be discharged
(or other instrument holder);
4. Evidence that no other will can be found and the will attached as evidence is believed to be the
last will and testament of the Mortgagee (or instrument holder);
5. Evidence that the will has not been probated in any jurisdiction and that there are no other assets
of the estate or circumstances that would require the will to be probated;
6. Evidence that the Mortgage debt is paid in full;
7. An affidavit of heirs; and
8. Consent of the heirs to the execution of the Discharge by the executor.
DISCHARGE BY PARTY ENTITLED TO ADMINISTRATION OF UNPROBATED ESTATE
Where there is no will the person entitled to administration may execute a Discharge where evidence
is attached to the Discharge that includes the following:
1. Death certificate (original or notarial copy);
2. Evidence that no will has been located after a complete search;
3. Evidence that the Mortgage debt is paid in full;
4. Evidence that there are no other assets of the estate or circumstances that would require the
application for letters of administration
5. Evidence that the applicant/s are entitled to Administration of the Estate pursuant to the
Intestates Succession Act of the Province of Manitoba
6. Evidence as to the heirs-at-law pursuant to the Intestate Succession Act.
7. Consent of the heirs to the execution of the Discharge by the party entitled to administration.
HOMESTEADS ACT EVIDENCE
Homesteads Act evidence contained in a Transfer from the executors of an estate must give
Homesteads Act evidence with regard the dec