General Steps in Administration - No Valid Will
Neufeld Legal P.C. can be reached by telephone at 403-400-4092 or email Chris@NeufeldLegal.com
When a person passes away in Alberta without a valid will, that individual has died "intestate", such that their estate will typically need to proceed through the process of administration, such that the personal representative for the estate attains a Grant of Administration from the Alberta Court of King's Bench: Surrogate Division and thereupon proceeds to administer an intestacy estate.
The general steps involved in the administration of an intestate estate in Alberta can be summarized as follows, recognizing that the specific facts and circumstances of the particular estate and associated situation are of critical consideration and should be appropriately considered with knowledgeable professionals:
1. Determine Who Can Apply for a Grant of Administration:
The Wills and Succession Act and the Surrogate Rules in Alberta set out a strict order of priority for who can apply to be the administrator (also known as the personal representative) of the estate. Generally, the priority is as follows:
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Surviving spouse or adult interdependent partner.
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Children of the deceased (with priority often given to Alberta residents, and consent of the majority of adult children is preferred).
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Grandchildren.
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Other lineal descendants (e.g., great-grandchildren).
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Parents of the deceased.
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Siblings of the deceased.
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Children of siblings.
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Other next of kin as defined by the Wills and Succession Act.
If there are multiple individuals with equal priority, they should try to agree on who will apply. If no one with higher priority is willing or able to act, individuals further down the list can apply, often requiring renunciations from those with higher priority. In some cases, if no family member is willing, a creditor or even the Public Trustee can apply.
2. Thorough Search for a Will:
Even if the personal representative believes there is no will, a diligent search must be conducted. This includes checking:
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Banks
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Lawyers who may have provided legal services to the deceased
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Safety deposit boxes
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Home storage areas (filing cabinets, safes, etc.)
If a will is found but is invalid or doesn't dispose of all property, it may still be relevant for a "Grant of Administration with Will Annexed" or for partial intestacy.
3. Gather Information and Documents:
The personal representative will need to compile a comprehensive set of information and documents, including:
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Original death certificate.
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Detailed inventory of the deceased's assets and liabilities (Form GA2 - Inventory). This includes bank accounts, investments, real estate, vehicles, personal property, digital assets, debts, and funeral expenses.
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Information about all potential beneficiaries under the Wills and Succession Act (names, dates of birth, addresses, relationship to the deceased).
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Proof of the personal representative's relationship to the deceased.
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Any renunciation forms from individuals with higher priority who are not applying.
4. Prepare the Application for Grant of Administration:
The application process involves preparing a package of court forms. Key court forms include:
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Form GA1 – Grant Application: The official application for the Grant of Administration.
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Form GA2 – Inventory: A detailed list of all assets and liabilities of the estate.
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Form GA3 – Notice to Beneficiaries and Other Interested Parties: To officially inform those who will inherit.
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Form GA4 – Notice to the Public Trustee: If there are minor beneficiaries or represented adults.
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Form GA5 – Affidavit of Service: To confirm that notices were delivered to all required parties.
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Form GA11 – Renunciation: If individuals with higher priority are renouncing their right to apply.
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Form GA13 – Nomination: If an individual is nominating someone else to be the administrator.
5. Publish a Notice to Creditors and Claimants (Optional but Recommended):
While not always legally mandatory, it's highly recommended to publish a Notice to Creditors and Claimants (Form GA15) in a local Alberta newspaper. This provides a formal process for creditors to come forward and helps protect the administrator from personal liability for unknown debts. A Statutory Declaration of Publication (Form GA16) is then filed with the court.
6. File the Application with the Surrogate Court:
The personal representative will proceed with submitting the completed application package and all supporting documents to the Alberta Court of King's Bench: Surrogate Division. The personal representative will also need to pay the applicable court filing fees.
7. Court Review and Issuance of Grant of Administration:
The court clerk and potentially a judge will review the application to ensure it meets all legal requirements. If everything is in order, the court will issue the Grant of Administration. This document provides the legal authority to manage and distribute the estate.
8. Administer the Estate:
Once the Grant of Administration is obtained, the personal representative has the legal authority to:
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Collect and secure assets: This includes closing bank accounts, transferring investments, selling property, etc.
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Pay debts and taxes: This involves paying all legitimate debts of the deceased, including funeral expenses, and filing income tax returns.
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Distribute assets: Distribute the remaining assets to the beneficiaries according to the rules of intestacy outlined in Alberta's Wills and Succession Act. The Act specifies how the estate is divided among surviving family members (e.g., spouse, children, parents, siblings).
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Account to beneficiaries: Provide a full accounting of the estate's administration to all beneficiaries.
9. Close the Estate:
After all debts are paid and assets are distributed, the personal representative should obtain a release and discharge from the beneficiaries, and potentially file a final accounting with the court.
Important Considerations:
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Legal Advice: While it's possible to administer an intestate estate without a lawyer, it is highly recommended to consult with an experienced estate lawyer in Alberta. Estate law can be complex, and a lawyer can ensure legal requirements are met, minimize delays, help navigate potential disputes, and protect the personal representative from personal liability.
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Complexity: The process can be more complex if there are minor beneficiaries, beneficiaries with disabilities, disputes among family members, or a large and complex estate.
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Timelines: The entire process can take several months to over a year, depending on the complexity of the estate and court processing times.
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.
Please Note: This information provides a general overview. Specific circumstances may require additional steps or variations in the process.
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.