Someone who dies without a Will is called an Intestate, and it’s important to understand what happens to a person’s Estate in those cases.
Fewer than half of Albertans have a valid Will, which can create uncertainty and stress for their loved ones when they pass away. When a person dies without a valid Will, their Estate is considered an intestate Estate, which includes all property not disposed of by a Will. This can include real and personal property, tangible and intangible assets, but does not include joint assets with rights of survivorship (such as real estate held as joint tenants) or financial accounts with designated beneficiaries (RRSPs, bank accounts, etc.).
The Wills and Succession Act (Alberta) assumes that Albertans who die without a Will want their Estates to pass to their closest family members. Distribution starts with the deceased’s spouse or partner, followed by other family members according to the Act. Before distribution, debts, funeral costs, and administration expenses are deducted from the net Estate.
An intestate Estate may also be subject to a claim by a “family member” under the family maintenance and support provisions of the Wills and Succession Act, ensuring certain dependents are considered even when there is no Will.
Free Consultation
At Bodnaruk Law, we charge an affordable flat fee to obtain a Grant of Probate or a Grant of Administration, while other law firms often base their legal fees on a percentage of the value of the deceased’s Estate.
We are open and transparent about the Estate administration process and our fees. For more information on how we can assist you, please contact us for a free consultation at: (403) 288-0009 or by email at murray@bodnaruklaw.com
Applications for Grants of Administration
An application for a Grant of Administration is required when the deceased has died intestate. This Grant authorizes the person approved by the court to administer the intestate’s Estate.
Who can apply for a Grant of Administration
In descending order, the persons with priority to apply for a Grant of Administration are:
- the surviving spouse or surviving adult interdependent partner (AIP);
- a child of the deceased;
- a grandchild of the deceased;
- a descendant of the deceased other than a child or grandchild;
- a parent of the deceased; and then,
- a brother or sister of the deceased, and so on.
Determining who is considered “Family’ in an intestate Estate
The distribution of an intestate Estate involves potential transfers to family, including spouses, adult interdependent partners (AIPs), and descendants.
Distribution of Intestate Estates
The net-value of an Estate is reduced by the value of claims against it, including those relating to debts arising from an order or agreement under the Family Property Act. The potential claims under the Family Property Act may be significant. If there are any arrears in spousal or child support or any property division issues existing at the time of death, those take priority over the intestate claim.
The Wills and Succession Act extends the inheritance of an intestate Estate to children who are in the womb at the time of an intestate’s death and who are later born alive, but children conceived after the intestate’s death do not inherit through intestacy.
Spouses, Adult Interdependent Partners, and Descendants
A spouse, an adult interdependent partner, and the descendants of the intestate are each entitled to receive a portion of the intestate’s Estate, with the distribution of the intestate’s Estate determined by the Wills and Succession Act and whether the intestate had a spouse, an adult interdependent partner, and/or descendants at the time of their death.
Parentelic Distribution
When an intestate dies leaving no surviving spouse, no adult interdependent partner, and no descendants, a parentelic system of inheritance applies, which establishes principles for the distribution of the intestate’s Estate to the living descendants of the closest common ancestor of the Intestate.
No heirs
If there is no one who is entitled to the Estate of an intestate, the Unclaimed Personal Property and Vested Property Act applies and the rights to the property of the unclaimed Estate go to the Alberta government.
If a Personal Representative is unable to find an heir two years after a Grant of Administration, he/she may deposit the Intestate’s Estate with the government.
Why you should contact Bodnaruk Law
Applying for a Grant of Administration to administer the Estate of someone who died without a Will can be difficult, especially if there is more than one person vying for the position of the deceased’s Personal Representative. It is important to have advocates on your side such as the Bodnaruk Law Legal Team, who knows the law and can guide you through the process of obtaining a Grant of Administration and administering the deceased’s Estate.