Will Search in Alberta After a Death: How to Look for a Will

After a death, one of the first questions is whether the person left a will. If you cannot find one, you may be looking for a "will search" service that gives a clear yes or no.

In Alberta it does not work that way. This article explains what exists, how the Law Society's inquiry process works, where wills are often kept, and what to do whether or not you find one.

This article covers the law of Alberta.

Alberta has no will registry

Many people assume the province keeps a central list of wills. Alberta does not. Because there is no will registry, a will may be in a locked cabinet, a safe, a bank safety deposit box, or with a lawyer.

That means a "will search" is really a set of steps rather than one application. You check the likely places, ask the people who may know, and, if needed, use the Law Society's lost wills process.

The Law Society of Alberta lost wills inquiry

The Law Society of Alberta accepts Lost Wills Inquiry Requests from a member of the public or from a lawyer. If the will is not found, the request is posted in a listing for lawyers, and entries are removed automatically after 90 days.

A listing shows the deceased's name, date of birth, date of death, location and, when known, the year the will was drafted. If a lawyer turns out to hold the will, the Law Society's Customer Service team arranges for a copy to be sent to the person who made the request.

Have those details ready before you start. Fees and document requirements for the request are best confirmed directly with the Law Society.

Other places to look

• Home: a locked cabinet, a safe, a desk or a filing box.
• A bank safety deposit box, which can be a place a will is kept.
• A lawyer's office, since lawyers sometimes hold originals.
• Family, friends, an accountant or a financial adviser who may know which lawyer prepared the will.
• Old mail, emails and bank or card statements that show payments to a law firm or a storage service.

Private will registries also exist, but they are optional services. Finding or not finding an entry there tells you only so much.

How a bank handles access to a deceased person's safety deposit box varies, so it is worth asking the bank directly what it needs from you.

What a result does and does not prove

Treat any search result carefully. A listing or registry entry shows only that a will was registered or found. It does not show that the will is valid, or that it is the most recent one.

In the same way, finding nothing does not prove that no will exists. A will may simply be somewhere you have not looked. If you find more than one document, keep them all and let a lawyer help you work out which one matters.

What to do next

Once you have searched, the next step depends on the outcome. If a will is found, the named executor applies for a grant of probate. If there is no will, or the executor does not act, someone such as a family member may ask the court for a grant of administration.

If there is no will, the Wills and Succession Act sets out how an intestate estate is distributed, and the Estate Administration Act sets who has priority to apply for a grant. If you doubt who is administering an estate, you can contact the Court of King's Bench nearest where the person lived to ask whether any grants were issued, though a fee may apply.

Grant applications can be made online through the Surrogate Digital Service or on paper using GA forms, starting with the GA1. To use the online service you must be an Alberta resident and one of the applicants, but that requirement does not apply to paper applications.

You will likely also need death documents. A death certificate cannot be issued until the death is registered, and the funeral home usually registers it. An executor named in the will can apply with a copy of the will, using the Application for Death Documents (form DVS11164D) at a registry agent, because applications sent directly to Vital Statistics will not be processed. The government fee is $20 per document, and registry agents charge additional service fees.

Timing also matters once a grant is issued. An application for maintenance and support by a dependant must be commenced within 6 months after the grant of probate or administration is issued. The Court may allow a late application for any part of the estate not yet distributed. How this applies depends on your situation, so it is worth confirming with a lawyer.

• Search the home and any known storage places.
• Ask family, friends and professionals who may know of a lawyer.
• Submit a Lost Wills Inquiry Request to the Law Society if you cannot find the will.
• Keep a written record of where you looked and when.
• Speak to a lawyer before acting on any document you find.

Frequently asked questions