Does the Public Trustee Get Involved When Someone Dies Without a Will (Alberta)

When a neighbour or relative dies without a will and nobody seems to be taking charge, people often assume the government steps in automatically. In Alberta, that is not how the process is set up.

This article explains who has the first right to administer an intestate estate, when the Public Trustee has a role, and what happens if no heirs can be found.

This article covers the law of Alberta.

Family comes first

Under the Estate Administration Act, the priority to apply for a grant when there is no will runs in order: surviving spouse or adult interdependent partner, child, grandchild, other descendant, parent, brother or sister, a child of a brother or sister who is a beneficiary, next of kin who are beneficiaries, a person with an interest because of a relationship with the deceased, a claimant, and finally the Crown in right of Alberta.

So the Crown is at the end of the list. Everyone named earlier on the list ranks ahead of it. Those entitled can also nominate a person to administer the estate using Form GA13.

Sometimes two or more people rank equally. Between applicants of equal priority, unless the Court on application rules otherwise, preference must be given to a resident of Alberta. Where a spouse or adult interdependent partner competes with another in the first category, preference goes to the one who lived with the deceased immediately or most recently before death. Where several people have equal priority by kinship, such as several children, the Court may grant authority to one or more of them as it considers appropriate. A grant of administration must not be given to more than 3 persons at the same time.

When the Public Trustee has a role

• Minor beneficiaries: the Estate Administration Act requires the Public Trustee to be served where a minor is interested.
• Notice on an application: the applicant gives Form GA4 notice to the Public Trustee where circumstances require.
• Special circumstances: the Court may issue a grant to the Public Trustee or another suitable person.

These are different roles. Being served with notice does not make the Public Trustee the administrator. A grant to the Public Trustee is something the Court decides where special circumstances require it.

What if nobody steps forward or nobody is entitled

Distinguish between two situations. In the first, there are relatives, but nobody has applied. The priority list still applies, and the people who rank highest can apply or nominate someone. Before an applicant lower on the list receives a grant, higher-ranking people must renounce.

In the second, no one is entitled to the estate. Then it is dealt with under the Unclaimed Personal Property and Vested Property Act, subject to s. 11 of the Public Trustee Act. Before reaching that point, where there is no surviving spouse, adult interdependent partner or descendant, the estate goes in order to the parents, then descendants of the parents (siblings, nieces and nephews), then grandparents and their descendants, then great-grandparents and their descendants, although relatives of the 5th or greater degree are treated as having predeceased.

What a limited grant is

A limited grant may be restricted to certain property, a time period or a purpose, and the Court may attach conditions that must be set out in the grant. Whether that is suitable for an estate depends on the circumstances, so it is a question for a lawyer.

Once a grant issues, no one other than the personal representative named in it has authority to act for the estate. Whether a neighbour or friend can act for an estate before that point depends on the situation, so it is worth confirming with a lawyer.

What to do next

If you are the person applying, the paperwork follows a set path. An applicant must file Form GA1 (Grant Application) and any other forms the circumstances require. The applicant must serve the GA1 with a Form GA2 Inventory on beneficiaries on intestacy and persons required under s. 11 of the Estate Administration Act, and file an affidavit of service (GA5) within 30 days after service. Once a grant issues, the applicant must give notice of it in Form GA7 within 30 days after the grant issues.

Two practical points. Individuals without a lawyer can apply online through the Surrogate Digital Service only if they are an Alberta resident and one of the applicants, and paper applications using the GA forms are also accepted. A personal representative who is not resident in Alberta must provide a bond or other security approved by the court, while no bond is required where the personal representative is resident in Alberta, and a non-resident may apply to dispense with or reduce the bond. How long a grant takes depends on the estate, so the Surrogate Clerks' Office is the place to ask.

• Check who has authority to act before you distribute or sell anything, and confirm with a lawyer if you are unsure.
• Tell known relatives, starting with a spouse, partner or children.
• Check whether any minor may be a beneficiary, since the Public Trustee must then be served.
• Look for a will, because the clerk searches for wills before a grant issues.
• Contact the Surrogate Clerks' Office or a lawyer if no one with priority is willing or able to apply.

Frequently asked questions