How to Find Out If Someone Had a Will in Alberta

When someone dies and no will is in sight, it is easy to assume there isn't one. Often a will exists but has not been found yet, so a careful search is worth the effort.

This article covers where to look in Alberta, how the Law Society lost wills service works, and what generally happens if no will turns up.

This article covers the law of Alberta.

Why there is no single place to check

Alberta has no will registry, so a will may be in a locked cabinet, a safe, a bank safety deposit box, or with a lawyer. Private registries and similar listings exist, but a result only shows that a will was registered or found. It does not prove that the will is valid or the most recent one, and no result does not prove there is no will.

Searching matters even when you expect little. Some property, such as an asset passing by beneficiary designation or joint ownership, may fall outside the estate, so administration may not be needed for it. That is one reason it helps to look at the whole picture before assuming what a missing will means.

Where to look first

• Home: desk drawers, filing cabinets, safes and locked boxes
• Papers showing a lawyer or accountant, such as letters, invoices or business cards
• A bank safety deposit box, if the person had one
• Emails and address books for law offices
• Family, friends and the named executor, if you know who it might be

Banks have their own policies about opening a deceased person's safety deposit box, so ask the bank directly what it requires.

As you search, you may be asked for a death certificate. A death certificate cannot be issued until the death is registered, and the Registration of Death form is usually completed at the funeral home when arrangements are made. The government fee is $20 per document, and registry agents, Registry Connect and AMA charge additional service fees that vary. To order, complete the Application for Death Documents (form DVS11164D) and take it with acceptable ID and eligibility documents to a registry agent.

Eligible applicants include an executor named in the will (with a copy of the will), next of kin with proof of relationship, and a lawyer for an eligible person. A former spouse or former adult interdependent partner can apply with proof of relationship, although exes and grandchildren are not included in the next-of-kin category.

The Law Society of Alberta lost wills inquiry

The Law Society of Alberta takes Lost Wills Inquiry Requests from a member of the public or a lawyer. Unfound requests are posted in a listing for lawyers, and entries are automatically removed after 90 days.

A listing shows the deceased's name, date of birth, date of death, location and the year the will was drafted, when known. If a lawyer holds the will, the Law Society's Customer Service team arranges a copy to the requester.

If a will is found, or if none is

With a will, the named executor applies for a grant of probate. Without a will, or if the executor does not act, someone such as a family member may ask the court for a grant of administration. If you doubt who is administering an estate, you can contact the Court of King's Bench nearest where the deceased lived to ask whether any grants were issued. A fee may apply.

If there is no will, the Wills and Succession Act sets out how an intestate estate is distributed (Part 3), and the Estate Administration Act sets priority to apply for a grant of administration. If there are no descendants, the spouse or adult interdependent partner takes the entire intestate estate. If all of the deceased's descendants are also the spouse's, the spouse takes it all.

There is an exception. If any descendant is not also a descendant of the spouse, the spouse receives the greater of a prescribed amount or 50% of the net value of the intestate estate, and the residue goes to the descendants.

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

Alberta's guidance lists the personal representative's main tasks: identify the estate's assets and liabilities, administer and manage the estate, satisfy debts and obligations if there are funds, and distribute the estate and account for it. The Estate Administration Act requires distribution as soon as practicable, but it sets no fixed deadline for completing administration.

An application for maintenance and support by a dependant must be commenced within 6 months after the grant of probate or administration is issued, which affects when an estate can safely be distributed. The Court may allow an application after the 6 months for any part of the estate not yet distributed.

What to do next

• Search the home and ask family and advisers about a lawyer
• Check with the bank about a safety deposit box
• Submit a Lost Wills Inquiry Request to the Law Society of Alberta
• Keep any document you find safe and do not alter it
• Speak with a lawyer about the next steps for the estate

Frequently asked questions