What Happens If You Die Without a Will in Alberta?

When a relative dies without a will, it is common to feel unsure who is in charge and what happens to their belongings. The short answer is that Alberta law fills the gap with set rules, and a court process gives someone the authority to act.

This article walks through the main steps in plain language. Every family situation is different, so use it as a map and not as a substitute for advice on your own facts.

This article covers the law of Alberta.

What "intestate" means and which rules apply

Dying without a valid will is called dying intestate. Property that is not disposed of by a will is an intestate estate, and it is distributed in accordance with Part 3 of the Wills and Succession Act.

Part 3 applies to deaths on or after February 1, 2012. Earlier deaths are governed by the former Intestate Succession Act. The Estate Administration Act applies where the person lived in Alberta on the date of death or owned property in Alberta.

The value that gets divided is the net value, which is worked out after debts, charges, and funeral and administration expenses.

Not everything is part of the estate

Intestacy rules apply only to property that would otherwise be dealt with by a will. Some assets pass outside the estate and are not covered by the rules described here.

• Jointly owned property that passes by survivorship.
• Assets with a named beneficiary, such as RRSPs or life insurance.

Knowing which assets fall inside and outside the estate is one of the first things worth sorting out, because it changes what is actually being divided.

Who is allowed to take charge

Who takes charge when there is no will is a practical question that comes up in the first days, and the answer depends on the family and the assets involved. A grant is the Court's grant of authority to administer an estate, and once one issues, no one other than the personal representative named in it has authority to act for the estate.

The Estate Administration Act sets the order of priority to apply when there is no will:

• Surviving spouse or adult interdependent partner.
• Child, then grandchild, then other descendant.
• Parent, then brother or sister, then a child of a brother or sister who is a beneficiary.
• Next of kin who are beneficiaries, then a person with an interest because of a relationship with the deceased, then a claimant, and finally the Crown in right of Alberta.

Between applicants of equal priority, preference must be given to an Alberta resident unless the Court rules otherwise. Where several children have equal priority, the Court may grant authority to one or more of them as it considers appropriate. Those entitled can also nominate a person to administer the estate.

The court process in outline

An applicant files Form GA1 (Grant Application) and any other forms the circumstances require. The GA forms apply to applications filed on or after June 15, 2022. Before a grant issues to an applicant, anyone ranking higher in the priority list must renounce. A grant must not be given to more than 3 persons at the same time.

You can apply online through the Surrogate Digital Service if you have no lawyer, are an Alberta resident and are one of the applicants. Paper applications starting with GA1 are also accepted. Online submissions get the same Court review as paper ones, and the Court advises reading its Clerk Review Guidelines first to avoid delays.

The applicant must serve the application with a Form GA2 Inventory on the beneficiaries on intestacy and others the rules require, and file an affidavit of service (GA5) within 30 days after service. Unless the court orders otherwise, no grant issues until the clerk has searched for other applications or wills. Once the grant issues, notice in Form GA7 must be given within 30 days.

No official processing time is set out for a grant, so ask the Surrogate Clerks' Office about current timing.

Bonds and special situations

No grant issues unless the applicant has given a bond or other security under the Rules. No bond is required where the personal representative lives in Alberta, while a non-resident must provide security approved by the court and may apply to dispense with or reduce it.

The Court can also issue a limited grant restricted to certain property, a time period or a purpose. Where special circumstances require, it may issue a grant to the Public Trustee or another suitable person.

What to do next

• Find out whether a will exists, including any in a safe place or with a financial institution.
• List assets and debts, and note which pass outside the estate.
• Identify the relatives who would be entitled and who ranks highest to apply.
• Review the Court's Clerk Review Guidelines before submitting forms.
• Get legal advice if there is a blended family, an unmarried partner, a non-resident applicant or a dispute.

Frequently asked questions