1. What Does It Mean to Die Without a Will?

2. What Does Alberta Law Say?

3. Who Inherits When There Is No Will?

4. How Does the Estate Administration Process Work?

5. Common Mistakes When Someone Dies Without a Will

6. Costs, Fees, and Timelines

7. How Bridgestone Law Can Help

Introduction

Losing a loved one is difficult enough without discovering that they never prepared a will. Unfortunately, this situation is more common than many people realize. Families are often left wondering who inherits the estate, who has authority to deal with the deceased's property, and whether disagreements between family members can delay the process.

Without a will, there is no executor appointed to manage the estate or carry out the deceased's wishes. Instead, Alberta law determines who may administer the estate and who is entitled to inherit. While the law provides a framework, every family's circumstances are different, and administering an intestate estate can be more complicated, time-consuming, and expensive than administering an estate with a properly prepared will.

Understanding how Alberta's intestacy laws work can help families move forward with greater confidence and avoid unnecessary disputes during an already difficult time.

Short Answer

If someone dies without a valid will in Alberta, they are said to have died intestate. Their estate is distributed according to Alberta's Wills and Succession Act, not according to what family members believe the deceased would have wanted.

Before the estate can be distributed, someone must usually apply to the Court of King's Bench of Alberta for a Grant of Administration. Once appointed, the administrator assumes responsibilities similar to those of an executor, including collecting assets, paying debts and taxes, and distributing the remaining estate to the beneficiaries determined by law.

What Does It Mean to Die Without a Will?

A person who dies without leaving a valid will is referred to as dying intestate.

Unlike an executor, who is personally chosen by the deceased in a will, an administrator is appointed by the Court. Likewise, instead of beneficiaries being selected by the deceased, Alberta legislation determines who inherits the estate.

Many people assume their spouse or children will "automatically receive everything." While this is often true in simple family situations, it is certainly not always the case. Blended families, estranged relatives, multiple children from different relationships, and unmarried couples can create outcomes that surprise many families.

The law does not attempt to determine what the deceased "would have wanted." Instead, it follows a prescribed order of inheritance established by legislation.

What Does Alberta Law Say?

The rules governing intestate estates are primarily found in Alberta's Wills and Succession Act, together with the Estate Administration Act and Alberta's Surrogate Rules.

These laws determine:

• who is entitled to inherit;

• who has priority to become the estate administrator;

• how estate assets are distributed;

• how creditors are paid;

• the responsibilities of the administrator; and

• the court procedures required to administer the estate.

The administrator owes legal duties to the beneficiaries and creditors of the estate. They must act honestly, keep accurate financial records, safeguard estate property, pay valid debts and taxes, and distribute the estate in accordance with Alberta law.

Being appointed as administrator is a significant legal responsibility and should not be viewed as simply being the closest family member.

Who Inherits When There Is No Will?

Who inherits depends entirely on the deceased's family circumstances.

Married or Adult Interdependent Partner with No Descendants from Another Relationship

If the deceased leaves a surviving spouse or Adult Interdependent Partner and all of the deceased's descendants are also descendants of that surviving partner, the surviving partner will generally inherit the entire estate.

This reflects the assumption that both spouses intended to benefit one another first before passing assets to their children later.

Blended Families

The situation changes significantly where either the deceased or the surviving spouse has children from another relationship.

Depending on the circumstances, the surviving spouse and the deceased's descendants may share the estate according to the provisions of the Wills and Succession Act.

These situations can become legally complex and often require careful review of family relationships, exempt property, jointly owned assets, beneficiary designations, and other estate planning documents.

No Spouse

If there is no surviving spouse or Adult Interdependent Partner, the estate generally passes to the deceased's children in equal shares.

If one of the deceased's children has already passed away leaving children of their own, those grandchildren may inherit their parent's share.

No Immediate Family

If the deceased leaves no spouse, partner, children, or grandchildren, Alberta legislation sets out a hierarchy of increasingly distant relatives who may inherit, including parents, siblings, nieces and nephews, grandparents, aunts, uncles, and cousins.

If no eligible relatives can be identified after reasonable efforts have been made, the estate may ultimately pass to the Government of Alberta.

How Does the Estate Administration Process Work?

Administering an estate without a will follows many of the same steps as administering an estate with a will. The major difference is that no executor has been appointed, so someone must first obtain legal authority from the Court to act on behalf of the estate.

While every estate is unique, the administration process generally follows these steps.

Step 1: Determine Who Should Apply to Become the Administrator

One of the first questions families ask is, "Who is in charge?"

Unlike an executor, who is named in a will, an administrator must be appointed by the Court of King's Bench of Alberta. Alberta's legislation establishes an order of priority for who may apply, and in many cases the surviving spouse or Adult Interdependent Partner has first priority, followed by other eligible family members.

If several people have an equal right to apply, they may agree on who should act. If they cannot agree, the Court may need to decide who is the most appropriate person to administer the estate.

Being appointed as administrator is not simply an honorary title. It carries significant legal responsibilities and, in some cases, personal liability if the estate is administered improperly.

Step 2: Identify and Protect Estate Assets

Once someone has authority to act, they must identify and safeguard the deceased's assets.

This may include:

• the deceased's home or other real estate;

• bank accounts;

• investments;

• vehicles;

• business interests;

• pensions;

• personal belongings;

• digital assets;

• insurance policies; and

• valuable collections or jewelry.

Part of this process also involves determining which assets actually form part of the estate.

For example, assets held in joint tenancy with a right of survivorship may pass directly to the surviving owner. Similarly, life insurance policies, RRSPs, TFSAs, and other registered plans with valid designated beneficiaries often pass outside of the estate.

Determining which assets belong to the estate is an important step because only estate assets are available to pay estate debts and to be distributed under Alberta's intestacy rules.

Step 3: Apply for a Grant of Administration

In many estates, financial institutions, the Alberta Land Titles Office, and other organizations will require formal proof that the administrator has legal authority to act.

This authority is obtained through a Grant of Administration issued by the Court of King's Bench of Alberta.

The application generally requires information such as:

• the deceased's death certificate;

• a list of known assets and liabilities;

• information about the deceased's family members;

• notices to those entitled to inherit; and

• various court documents required under Alberta's Surrogate Rules.

Not every estate requires a Grant of Administration. For example, some small estates or estates consisting entirely of jointly owned assets or assets with designated beneficiaries may not require a court application. Whether a grant is necessary depends on the nature of the assets and the requirements of the organizations holding them.

Step 4: Pay Debts, Expenses, and Taxes

Before beneficiaries receive an inheritance, the administrator must ensure the estate's legal obligations have been addressed.

This commonly includes:

• funeral expenses;

• outstanding loans and credit cards;

• utility accounts;

• property taxes;

• income taxes;

• accounting fees;

• legal fees;

• court filing fees; and

• other legitimate debts of the estate.

The administrator should avoid distributing the estate too early. If estate assets are distributed before debts or taxes have been paid, there may not be enough money remaining to satisfy those obligations. Depending on the circumstances, an administrator who distributes an estate prematurely may face personal liability.

For this reason, many administrators work closely with an accountant to ensure all required tax returns have been filed and obtain a CRA Clearance Certificate before making the final distribution.

Step 5: Distribute the Estate

Once all debts, taxes, and administration expenses have been paid, the administrator may distribute the remaining estate to the beneficiaries identified under Alberta's Wills and Succession Act.

Before making the final distribution, it is common practice to prepare a detailed accounting showing:

• the estate assets received;

• expenses paid;

• debts satisfied;

• income earned during administration; and

• the amount each beneficiary will receive.

Providing a clear accounting helps promote transparency and can reduce misunderstandings among beneficiaries.

Practical Examples

Example 1: A Simple Family Estate

John, a widower living in Calgary, dies without a will. He leaves two adult children, a house in his sole name, several bank accounts, and an investment portfolio.

Because there is no will naming an executor, one of John's children applies to the Court to become the administrator of the estate. After receiving a Grant of Administration, the administrator sells the home, pays John's outstanding debts and taxes, and distributes the remaining estate equally between the two children in accordance with Alberta law.

Although the administration proceeds relatively smoothly, obtaining the Grant of Administration adds time and expense that could likely have been reduced had John prepared a valid will.

Example 2: A Blended Family

Susan dies leaving her husband, David, and two adult children from a previous marriage. She never updated her estate planning after remarrying and dies without a will.

David assumes he will inherit everything because they were married. Susan's children believe the estate should belong to them because many of the assets were accumulated before the marriage.

The family's assumptions are irrelevant. Instead, Alberta's intestacy legislation determines how Susan's estate is divided. The outcome depends on the family's circumstances and the application of the Wills and Succession Act, not on what any family member expected.

This type of estate often benefits from early legal advice to avoid unnecessary conflict and ensure the estate is administered correctly.

Common Mistakes When Someone Dies Without a Will

Administering an intestate estate can be overwhelming, particularly for family members who are grieving. The following mistakes are among the most common and can lead to delays, disputes, or even personal liability for the administrator.

1. Assuming the Surviving Spouse Automatically Inherits Everything

Many people believe that marriage automatically entitles a surviving spouse to the entire estate. While this is often true where there are no children from previous relationships, Alberta's intestacy laws can produce a different result in blended family situations.

Each family's circumstances must be considered carefully before assumptions are made about who is entitled to inherit.

2. Distributing Assets Too Early

Family members often want to distribute personal belongings or estate funds shortly after the funeral. However, an estate cannot simply be divided immediately.

Before any distribution takes place, the administrator should ensure:

• all estate assets have been identified;

• all known creditors have been paid;

• all required income tax returns have been filed;

• sufficient funds have been retained for outstanding liabilities; and

• any required court processes have been completed.

Premature distributions can create significant problems if unexpected debts or tax liabilities arise later.

3. Assuming Every Asset Forms Part of the Estate

Not every asset owned by the deceased necessarily becomes part of the estate.

For example:

• jointly owned property may pass directly to the surviving joint owner;

• life insurance proceeds with a named beneficiary generally pass outside the estate;

• RRSPs, RRIFs, TFSAs, and other registered plans with designated beneficiaries may also pass directly to those beneficiaries.

Understanding which assets are part of the estate is essential before calculating each beneficiary's entitlement.

4. Failing to Keep Proper Records

An administrator has a duty to account for every dollar received and every dollar spent on behalf of the estate.

Maintaining organized records of:

• bank statements;

• invoices;

• receipts;

• property expenses;

• legal fees;

• accounting fees; and

• distributions to beneficiaries

can help avoid disputes and demonstrate that the estate has been administered properly.

5. Waiting Too Long to Obtain Legal Advice

Not every intestate estate requires a lawyer. However, delaying legal advice when complications arise can make resolving those issues more difficult and expensive.

Professional guidance is often worthwhile where the estate involves:

• blended families;

• business interests;

• significant investments;

• real estate;

• disputes between beneficiaries;

• missing beneficiaries;

• beneficiaries living outside Canada; or

• uncertainty about who should administer the estate.

Obtaining advice early can often prevent problems rather than simply responding to them after they occur.

Costs, Fees, and Timelines

Every estate is different, so there is no standard cost or timeline for administering an intestate estate.

Several factors influence both the length of the administration and the overall expense, including:

• the size and complexity of the estate;

• whether court applications are required;

• the number and type of assets;

• whether real estate must be sold;

• tax issues;

• business interests;

• disagreements among beneficiaries; and

• whether professional assistance is required.

Potential costs may include:

• Court filing fees for a Grant of Administration.

• Legal fees.

• Accounting fees.

• Property appraisals.

• Land Titles fees.

• Real estate fees.

• Insurance costs.

• Investment or business valuation fees.

Many estates take approximately one year or longer to administer. More complex estates may take considerably longer, particularly where tax issues, litigation, or disputes arise.

The administrator should not feel pressured to distribute the estate quickly. Careful administration is generally preferable to rushing the process and risking mistakes.

How Bridgestone Law Can Help

Administering an estate after the death of a loved one is rarely easy. When there is no will, the process can become even more challenging, as family members must navigate Alberta's intestacy laws while dealing with the practical realities of settling the estate.

At Bridgestone Law, we assist individuals and families throughout Calgary and Alberta with every stage of estate administration, including intestate estates. Whether you are applying for a Grant of Administration, determining who is entitled to inherit, administering estate assets, or resolving disputes between beneficiaries, our lawyers provide practical advice tailored to your family's circumstances.

Our goal is to help you understand your legal responsibilities, protect the estate, and administer it efficiently while reducing unnecessary stress during an already difficult time.