Does the Public Trustee Get Involved If There Is No Will in Alberta?

Many families assume the government automatically takes over when someone dies without a will. In Alberta that is not how it works.

This article explains who normally administers an estate with no will, the situations where the Office of the Public Trustee (OPGT) may become involved, and what to do if it does.

This article covers the law of Alberta.

The starting point: family members apply first

Where there is no will, a family member may apply to court for a grant of administration. The Public Trustee does not step in just because there is no will, and it is not the default administrator.

Priority to apply on intestacy is set by the Estate Administration Act, section 13(1)(b). It starts with the surviving spouse or adult interdependent partner, then a child of the deceased, and so on down the list, with the Crown in right of Alberta last. The Court may order otherwise, so the Public Trustee comes in only if no one higher is able and willing.

Among applicants of equal priority, preference goes to an Alberta resident, or among spouses or partners to the one who lived with the deceased immediately or most recently before death. The Court may grant authority to one or more equally ranked persons.

When the Public Trustee may step in

The Public Trustee may act as personal representative of a deceased person. It will consider administering an estate only if all of the following are true:

• The estate is solvent, meaning there are more assets than debts.
• No other person with a prior right to administer is able and willing to do so.
• A beneficiary is under 18 or is a represented adult client of the Public Trustee.

Separately, the Court may issue a grant to the Public Trustee or another person it considers appropriate in special circumstances.

When a minor is involved

The Public Trustee must be given notice of a grant application where a minor, or a person who was a minor at the date of death, is interested in the estate. The application must not proceed until the Public Trustee is represented on it.

The Public Trustee reviews all grant applications where a minor is a beneficiary, and the applicant sends the grant application and a GA4 Notice to Public Trustee form to the OPGT. This does not mean the Public Trustee takes over as administrator. That depends on the tests above.

Limited roles: interim possession, small estates and burial

• Interim role: if no personal representative or next of kin has taken possession of a deceased person's property, the Public Trustee may take possession and has an administrator's powers until probate or administration is granted, but it is not authorized to distribute estate property. Its authority ends if a personal representative is appointed.
• Small estates: the Public Trustee may deal summarily with an estate consisting only of personal property not exceeding the prescribed amount, where no grant has been issued in Alberta, and that amount is $10 000.
• Election to administer without a grant: the Public Trustee may elect to administer a small estate without applying for a grant of administration, and the prescribed amount for that is $75 000.
• Unclaimed burial: the Public Trustee may help arrange the burial of an unclaimed deceased person, but this does not authorize it to take possession of or dispose of the deceased's property.

These amounts are set by regulation and can change, so confirm the current figures.

What to do next

The Public Trustee does not become involved in family disputes or give legal advice, and it will not clear a deceased person's property unless it is administering the estate. A family member who wants the Public Trustee to settle an estate submits the Deceased Estate Intake Referral Form. The OPGT charges fees to help offset the cost of settling an estate.

• Find out whether any family member with priority is able and willing to apply for a grant of administration.
• Check whether the estate has more assets than debts.
• Note whether any beneficiary is a minor or a represented adult.
• If a referral seems appropriate, submit the intake form, and if a minor is interested, send the GA4 form with the grant application.
• Speak with a lawyer if there is a dispute or you are unsure who should act.

Frequently asked questions