Your Rights as a Beneficiary of an Estate in Alberta

Being named in a will, or being entitled on an intestacy, does not mean you run the estate. The personal representative (often called the executor) does. That leaves many beneficiaries waiting, with little information, and wondering what they are entitled to ask for.

This article explains, in general terms, what Alberta law requires of a personal representative, what you can expect to receive, and what steps exist if things go wrong. Your own situation may turn on details, so a lawyer can confirm how these rules apply to you.

This article covers the law of Alberta.

What the personal representative owes you

In Alberta, a personal representative must act honestly and in good faith and in accordance with the will, and must distribute the estate as soon as practicable. The core tasks are identifying assets and liabilities, administering the estate, satisfying debts, and distributing and accounting for the estate.

If you are a beneficiary and the named representative is acting without a grant, that person must give each beneficiary a notice. The notice must describe the gift left to you and state that gifts are subject to prior payment of the deceased's debts. Where a grant is issued, the applicant must serve a notice of grant (Form GA7) within 30 days after the grant is issued.

Accounting: seeing where the money went

A personal representative must account at regular intervals by preparing financial statements of property and money received, property distributed and money paid out, and giving them to the beneficiaries. Unless the court orders a longer or shorter period, the accounting is due every 2 years after the date of death.

You do not always have to wait for that date. A person interested in the estate may apply to the court for an order requiring the personal representative to account at any time.

There is a limit. A beneficiary of only a specific gift is entitled to an accounting only for that gift, and one who has already received that gift cannot apply for an accounting order under that rule.

Formal passing of accounts and releases

A personal representative may apply for an order formally passing accounts, and a person interested in the estate may apply for an order requiring the formal passing of accounts (Forms ACC 6 and ACC 7). This is a court review of the accounts.

Take any such application seriously. A person who neither appears nor files a notice of objection on a passing of accounts is deemed to have consented to the administration of the estate as recorded in the financial statements.

When accounts are presented to the residuary beneficiaries, the personal representative may ask for releases in Form ACC 12, which need not be filed. Read a release carefully before you sign it, and consider getting advice first.

Fair treatment, fees and special situations

• Compensation: personal representatives may receive fair and reasonable compensation. When an accounting shows compensation, the representative must give you a copy of the compensation Part of the Schedule.
• Timing of payment: the representative must not distribute to a beneficiary until 6 months after the grant, unless all family members consent or the Court authorizes it. This protects dependants' maintenance and support claims.
• Reasonable advances: before the 6 months end, the representative may make reasonable advances for the maintenance of family members who are beneficiaries.
• Minors: the Public Trustee must be served on a grant application where the deceased is survived by a minor child, and the application must not proceed until the Public Trustee is represented or has said it will not be. A minor in Alberta is anyone under 18.

If your rights are being ignored

If a personal representative fails to give a required notice or perform a duty, the Court may order compliance, impose conditions, remove the representative, or revoke the grant. Representatives who are unsure what to do can also apply to the court for directions, and one who follows the directions is discharged from the duty on that matter.

• Write down what you have asked for and when, and keep the replies.
• Ask in writing for the notice, the financial statements or an update on the estate.
• Note whether it has been 2 years since the date of death without an accounting.
• Do not sign a release until you understand what you are giving up.
• Speak with a lawyer about an application to require an accounting, a formal passing of accounts, or a compliance order.

Frequently asked questions