Who Arranges and Pays for the Funeral When Someone Dies in Alberta?

When someone dies, the funeral is often the first decision that cannot wait. Families may not know who is in charge of it, who pays, or what happens if the money is not there.

This article explains how funeral arrangements generally fit into estate administration in Alberta. It also covers the first practical steps, such as finding the will and ordering death certificates. Your situation may have details that change the answer, so a lawyer can confirm.

This article covers the law of Alberta.

Who is responsible for arranging the funeral

In Alberta, the personal representative or executor is responsible for arranging the burial or funeral. A personal representative is the person who administers the estate. If there is a will, this is usually the executor it names.

The Funeral Services General Regulations set a priority list of who has authority over funeral arrangements. Section 6 of the Estate Administration Act says the Funeral Services Act and the Cemeteries Act govern control of human remains and funeral arrangements. If more than one person might have a say, or the family disagrees, it is worth getting legal advice about who has authority.

Who pays for the funeral

The estate pays burial and funeral expenses. In practice, the personal representative arranges the funeral and the cost is treated as an expense of the estate.

Funeral and administration costs also have common-law priority. If the estate's assets are not enough to pay everything, valid money claims are paid proportionately, but this is subject to existing mortgages and to that common-law priority for funeral and administration costs.

If the estate cannot cover the funeral

Some estates have little or no money available. If the estate lacks funds for the funeral, the funeral home can apply to the Alberta government for assistance.

• Talk to the funeral home early about the estate's financial position.
• Ask the funeral home whether it will apply for government assistance.
• Avoid committing to costs you cannot confirm the estate can pay, and get advice if you are unsure.

First steps: the will and death certificates

Alberta has no will registry. A will may be in a home cabinet or safe, in a bank safety deposit box, or with a lawyer.

Death certificates must be ordered through an Alberta registry agent. An executor, personal representative or administrator named in the will can apply with a copy of the will attached. Next of kin, a joint tenant, a lawyer for an eligible person, a funeral home representative and the Public Trustee can also apply.

If you are outside Alberta, you can mail the death certificate forms through Registry Connect or AMA instead of attending a registry agent. Applications sent directly to Vital Statistics are not processed.

What to do next

• Search for the will in the usual places, including with a lawyer and in a safety deposit box.
• Confirm who has authority over the funeral arrangements.
• Speak with the funeral home about costs and how they will be paid.
• Order death certificates through an Alberta registry agent, or by mail if you are outside Alberta.
• Keep receipts for funeral costs, since they are paid by the estate.
• Get legal advice if there is a dispute, no will, or doubt that the estate can pay.

Frequently asked questions