Administration: When there is No Will or an Insufficient Will
Neufeld Legal P.C. can be reached by telephone at 403-400-4092 or email Chris@NeufeldLegal.com
Probate and administration can be exceedingly challenging undertaking for any individual who has lost a dearly departed member of their family (be it a spouse, parent or other relative), such that tackling the legal requirements set forth in the law and by the courts can prove exceedingly daunting. It is at such times that you should be looking for the assistance of a capable probate lawyer to navigate you through the process, whether as the executor / trustee or as a beneficiary, such that the deceased's estate is properly administered and you are legally protected through this process. For the last thing that anyone wants is to be caught up in an entirely new legal mess that is the result of not seeking out appropriate legal representation and direction.
What is Administration and When is It Required?
Administration is the formal judicial process required in the absence of a valid will that enables the Court to name a capable personal representative and distributes all the assets of the decedent, wherein the Grant of Administration names the willing and capable applicant to act as the Personal Representative and to proceed with a plan to distribute the decedent’s assets, which proceeds in accordance with the jurisdiction’s applicable statutes for intestacy.
Every jurisdiction has its own set of laws and rules related to probate and administration, such that it is strongly advised that you consult a lawyer admitted to practice in the relevant jurisdiction to determine whether probate or administration is necessary, and what specific actions must be undertaken.
In Alberta, the principal statutes dealing with the estates of deceased persons and their administration are:
1. Estate Administration Act (the laws about dealing with an estate)
2. Wills and Succession Act (the laws about making a Will and who shares the estate if the deceased did not make a Will)
3. Trustee Act (the roles and responsibilities for trustees, including Personal Representatives)
4. Surrogate Rules (the rules of court that apply when dealing with Wills and estates, including when applying for a grant)
Together with case precedent, this forms the basis upon which the estate is to be administrated, in the absence of a valid will that deals with the disposition of the particular matter or asset. Conformity with the law is imperative, as the Court will review the application put before it and only issue the Grant of Administration when it is satisfied that it meets the jurisdiction’s statutory and legal requirements. And it is only through the Grant of Administration, that the Personal Representative is appointed and has the legal authority to administer the estate.
Once appointed as the Personal Representative, by the Grant of Administration, it is the Personal Representative’s responsibility and obligation to administer the decedent’s estate in accordance with the Grant. The Personal Representative owes a fiduciary duty of complete good faith to the estate and the beneficiaries. The Personal Representative must account to the beneficiaries on a regular basis, and is personally responsible for its distribution, including providing a full accounting of the estate and its distribution upon reasonable request.
Administration can be a relatively straightforward, procedural process, especially when undertaken with a lawyer that has the benefit of the Surrogate Digital Service to effectuate digital filing and processing of the legal paperwork with the Surrogate Division of the Court. However, where the matter is contentious and there are disagreements as between prospective appointees and/or beneficiaries, the proceeding can be quite tedious, time-consuming and expensive, with the relevant statutes and court precedent be the foundation for dictating the outcome, with the lawyers being pivotal to the process.
Contact our law firm today to learn how our legal team can help you with the legal demands following the death of a loved one, from probating the decedent's last will & testament to administering an estate where the decedent did not have a valid will. Contact our law firm at 403-400-4092 or via email at Chris@NeufeldLegal.com to schedule a confidential initial consultation.
IMPORTANT NOTE: This website is designed for general informational purposes. The site is not designed to answer specific questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice. If you want specific legal advice, you need to engage a lawyer under established legal engagement procedures that have been specifically agreed to by that lawyer.