What to Do When Someone Dies Without a Will in Alberta
When a loved one passes away without a will in Alberta, it can be a confusing and emotional time for the family. Without a will, the estate does not have a clear roadmap for distributing assets or who has priority to apply for a grant. This situation is known as dying intestate, and Alberta law has specific guidelines for handling such cases. While the process can seem daunting, understanding the steps involved can help you navigate this challenging time.
Understanding Intestacy in Alberta
In Alberta, the Wills and Succession Act governs what happens when someone dies without a will. If there is no will, the deceased’s estate will be distributed according to a fixed legal formula, which may not align with the individual’s personal wishes.
Who Will Inherit the Estate?
The Act lays out specific guidelines on who inherits the deceased’s property and in what proportions. Here’s a brief outline:
Spouse or Adult Interdependent Partner: If the deceased had a surviving spouse or common-law partner, they would be entitled to the entire estate unless the deceased also had children from a previous relationship.
Children and Descendants: If the deceased had both a surviving spouse or partner and children from another relationship, the estate is divided. The spouse or partner receives a preferential share (set by law) and the remainder is shared between the spouse or partner and the children.
No Spouse or Children: If there is no surviving spouse or children, the estate will pass to other family members in the following order: parents, siblings, nieces and nephews, and so on. If no eligible family members can be found, the estate may ultimately go to the Provincial government.
Step-by-Step Process for Handling an Intestate Estate
While each situation may vary, here are the general steps to follow when someone dies without a will in Alberta:
1. Identify a Personal Representative
Without a will, the deceased has not named an executor (now called a personal representative or an administrator) to manage the estate. In this case, the Estate Administration Act sets the criteria as to who has the right to apply. That person will then need to apply to the court to be appointed as the personal representative/administrator.
The personal representative/administrator has many responsibilities, including gathering the deceased's assets, paying debts, and distributing the estate according to the Wills and Succession Act.
2. Apply for a Grant of Administration
To obtain legal authority to deal with the estate, the appointed personal representative will need to apply for a Grant of Administration from the Court of King's Bench - Surrogate. This legal document provides the authority to collect the deceased’s assets and settle their affairs.
The application process is similar to a probate application and involves submitting various documents to the court, including an inventory of the deceased’s assets and debts. The court will review these documents before issuing the grant, allowing the personal representative to begin managing the estate.
3. Notify Creditors and Beneficiaries
Once the grant is issued, the personal representative must notify any known creditors and distribute the estate’s assets to the beneficiaries according to Alberta’s intestacy rules. This includes paying off debts, taxes, and funeral expenses before distributing the remaining assets.
4. Distribute the Estate
After settling all debts and taxes, the personal representative can begin distributing the estate. As mentioned earlier, distribution follows the guidelines set out in the Wills and Succession Act, which might involve dividing the estate between a spouse or partner and children or passing it to extended family members.
5. Final Accounting and Reporting
The personal representative should also provide a final accounting of the estate to the beneficiaries and the court, showing how the assets were managed, debts paid, and the remaining estate distributed. This ensures transparency and helps avoid disputes among family members.
Why It’s Crucial to Have a Will
Dying without a will can lead to outcomes that may not align with your wishes. For example, you might want to leave assets to a friend, charity, or specific family members who are not automatically entitled under Alberta’s intestacy rules. Without a will, your estate will follow the standard legal formula, which can sometimes lead to unintended consequences.
Creating a will ensures that your estate is distributed according to your wishes, minimizing confusion and reducing the potential for family disputes. It also allows you to name a trusted person as your personal representative, providing clarity and peace of mind for your loved ones.
Need Help Navigating an Intestate Estate?
If you're dealing with the complexities of an estate where the deceased did not leave a will, it’s important to seek professional advice. As a Probate, Wills and Estate Planning Consultant with over five years of experience working with the Alberta Courts, I can guide you through the process of applying for a Grant of Administration and ensure that the estate is settled efficiently and correctly.
For personalized support, feel free to contact me, Varinder Sahota. I’m here to make the probate and estate administration process as smooth as possible for you and your family during this difficult time.
