How to Find Out If a Deceased Person Had a Will in Alberta

After a death, family often discover that nobody knows whether there is a will, or where it is. That is stressful, but it is common, and there is a sensible order in which to look.

This article sets out practical steps for a relative in Alberta: where to search, who to ask, how court records fit in, and what generally happens if no will turns up.

This article covers the law of Alberta.

Why it matters to find out

A will names who should look after the estate and who receives what. Until you know whether one exists, it is hard to know who can apply for the grant, and an estate should not be distributed on a guess. A personal representative must distribute the estate as soon as practicable and with the care, diligence and skill of a person of ordinary prudence, and is subject to the liabilities and duties of a trustee. Distributing before you know the facts can create personal risk.

Search the deceased's papers and belongings

Begin at home, and be methodical. Many people keep a will with their important documents rather than anywhere official.

• Filing cabinets, desk drawers, fireproof boxes and files labelled estate, legal or insurance.
• Address books, calendars and recent mail for the name of a lawyer, accountant or financial adviser.
• Old tax returns and bank statements that show payments to a law firm or a safe deposit box.
• A home computer, tablet or phone, where a scanned copy or an email from a lawyer may be stored.
• Keys, receipts or key tags that point to a safe deposit box.

Do not throw anything out, even if it looks unimportant. A later version of a will, or a note about where one is kept, may be in an odd place.

Ask the people and institutions who may know

If the papers give no answer, contact the people the deceased dealt with. Each may be able to say whether they hold a will, and some will only speak to someone with authority.

• Any lawyer the deceased used for property, business or family matters. Lawyers often keep originals for clients.
• The bank or credit union, which can tell you whether a safe deposit box exists and what its procedures are for opening one.
• Accountants, financial advisers and insurance or pension contacts.
• Close friends, relatives, a faith community and the named executor, if you know of one.

Institutions set their own rules about who may open a box or release documents, and they may ask for a death certificate. Ask each one what it needs.

Court records and Land Titles

If someone has already applied to administer the estate, a grant may have been issued by the Surrogate Court of Alberta. A grant of probate or Letters of Administration is what Land Titles requires when land passes through the estate, and it must be an original filed copy, not a notarized one. A grant from outside Alberta must be re-sealed by the Surrogate Court of Alberta before Land Titles accepts it. A lawyer can help check what court records exist and how to search them.

If the deceased owned land as a joint tenant, the survivor can deal with title without a grant, using a Statutory Declaration regarding Proof of Death and a death certificate. That rule covers a deceased joint tenant only: if the deceased owned as a tenant in common or as sole owner, the land passes through the estate and Land Titles requires the grant.

If no will is found

Searching thoroughly matters before you conclude there is none. If none can be found, the estate may be handled without a will. In that case the Estate Administration Act ranks the possible applicants for a grant, with listed family and beneficiary classes first, then a claimant such as a creditor, then the Crown. A creditor can also apply to administer an estate to collect a debt.

• Write down every place you have searched and every person you have contacted.
• Get several death certificates, since institutions often want originals.
• Do not distribute or sell estate property until you know whether there is a will.
• Keep a list of the estate's debts and funeral costs, because the estate is responsible for burial and funeral expenses, and a personal representative who administers the estate must satisfy its debts if it has the funds to do so.
• Speak with a lawyer about who may apply for the grant and how to search court records.

Frequently asked questions