Intestate Alberta: What Happens When Someone Dies Without a Will

Someone you loved has died, and there's no will. No instructions about who gets the house, the savings, or the family heirlooms. No one has been named as executor. And now the bank won't release the $30,000 sitting in the deceased's account because no one has legal authority to act.

This is intestacy — dying without a valid will — and it happens far more often than people expect. When it does, Alberta's Wills and Succession Act (WSA) takes over completely. The law dictates who inherits, in what proportion, and in what order. There is zero room for family negotiation, informal agreements, or "what Mom would have wanted."

Understanding these rules before you start making assumptions about who gets what can prevent family disputes, legal complications, and costly mistakes.

Who Inherits Under Alberta's Intestacy Rules

The WSA uses a hierarchical system — called the parentelic system — to determine who inherits when there's no will. It starts with the closest family members and works outward.

Surviving Spouse or Adult Interdependent Partner

Alberta law treats married spouses and Adult Interdependent Partners (AIPs) equally for inheritance purposes. An AIP is someone who has lived with the deceased in a relationship of interdependence for at least three years, or who has entered into an adult interdependent partner agreement.

If all children belong to both the deceased and the surviving spouse/AIP, the spouse or AIP inherits the entire estate. This is the most common scenario — a married couple with shared children where one spouse dies without a will. Everything goes to the survivor. Full stop.

If the deceased has children from a previous relationship (blended family), the rules split. The surviving spouse or AIP receives a "preferential share" — the greater of $150,000 or 50% of the net intestate estate. The remainder is divided among all of the deceased's descendants, including children from prior relationships.

This is where intestacy creates the most conflict. A surviving spouse who assumed they'd inherit the family home may discover that stepchildren from the deceased's first marriage are legally entitled to a significant portion of the estate. The law doesn't care about the length of the second marriage or the quality of the step-relationships. The numbers are the numbers.

Children and Descendants

If there's no surviving spouse or AIP, the estate passes to the deceased's children in equal shares. If a child predeceased the parent, that child's share passes to their own children (the deceased's grandchildren) through a principle called "per stirpes" — by the branch of the family tree.

Parents, Siblings, and Beyond

If there are no descendants, the estate goes to the deceased's parents in equal shares. If both parents are deceased, it moves to siblings and their descendants. The parentelic system continues outward — to grandparents, then aunts and uncles — but Alberta law cuts off inheritance rights beyond the fourth degree of relationship.

If no relatives can be found within those limits, the estate escheats to the provincial government.

Grant of Administration: Getting Legal Authority

Without a will, there's no named executor. Someone must apply to the Court of King's Bench for a Grant of Administration — the intestate equivalent of a Grant of Probate. This gives the appointed administrator the same legal powers an executor would have: authority to access bank accounts, sell property, pay debts, and distribute assets.

The court follows a priority list when deciding who can apply. Generally, the surviving spouse or AIP has first priority, followed by adult children, then parents, then siblings. If multiple people want the role, or if no one steps forward, the court resolves the question.

The application uses the same GA form series as a probate application — GA1 (application), GA2 (inventory), GA3 (notice to beneficiaries). The process, timeline, and fees are essentially identical. Alberta's surrogate court filing fees are tiered: $35 for estates under $10,000, scaling up to a maximum cap of $525 for estates over $250,000.

One additional requirement for administration grants: the court may require the administrator to post a surety bond to protect beneficiaries from mismanagement. This is more common when the administrator isn't the sole or primary beneficiary — for example, when an adult child is administering an estate that multiple siblings will share.

The Alberta Funeral Benefits Program

For families dealing with intestacy and limited financial resources, the immediate question is often practical: how do we pay for the funeral when no one can access the deceased's accounts?

Alberta's funeral benefits program provides financial assistance to low-income families. The program covers up to $4,601 for cremation or burial services, $781 for essential embalming, and $1,041 for a funeral ceremony. Applications are processed through the Health and Funeral Benefits Unit.

Additionally, the estate may be eligible for the federal Canada Pension Plan (CPP) death benefit — a flat-rate payment of $2,572, provided the deceased met contribution requirements. For deaths occurring on or after January 1, 2025, an additional top-up of $2,500 may be available if the deceased never received a CPP disability or retirement benefit and left no eligible surviving spouse.

These benefits won't cover a lavish funeral, but they can bridge the gap between the death and the point where the administrator gains legal access to estate funds.

When the OPGT Gets Involved

If a minor (under 18) is entitled to a share of an intestate estate, the administrator must notify Alberta's Office of the Public Guardian and Trustee (OPGT) by filing Form GA4 as part of the court application. The OPGT reviews the estate to ensure the minor's interests are protected.

For smaller intestate estates valued at $75,000 or less where a minor is involved, the OPGT can administer the estate directly — potentially saving the family the full court application process.

The OPGT holds the minor's share in trust until they turn 18, at which point they receive their inheritance. This protection exists because minors can't legally manage their own property, and informal arrangements ("I'll hold the money for the kids") have no legal standing and create obvious risks.

Common Intestacy Misconceptions

"Common-law partners inherit automatically." In Alberta, they can — but only if they qualify as an Adult Interdependent Partner under the Adult Interdependent Relationships Act. This requires either three years of cohabitation or a formal AIP agreement. A partner who moved in six months ago has no automatic inheritance rights.

"The oldest child is automatically in charge." No one has automatic authority. Someone must apply for and receive a Grant of Administration before they can legally act. Until that grant is issued, no family member can access accounts, sell property, or make binding decisions about the estate.

"We can just divide things informally." For small personal items, maybe. But for bank accounts, investments, and real property, financial institutions and the Land Titles Office require a court-issued grant before releasing assets or transferring title. An informal family agreement has no legal force at the bank counter.

"Everything goes to the kids equally." Only if there's no surviving spouse or AIP. If there is, the spouse/AIP takes either the entire estate (shared children only) or the preferential share plus a portion of the remainder (blended family). Children inherit what's left.

Protecting Your Family From Intestacy

The rules above apply rigidly and without exception. The WSA doesn't consider family dynamics, relationships, verbal promises, or fairness. It applies a formula.

If the deceased's actual wishes differed from what the WSA prescribes — wanting to leave more to one child, excluding a sibling, providing for a close friend or charity — none of that matters without a written, properly executed will.

For families currently navigating an intestate estate, the Alberta Probate Process Guide covers the full Grant of Administration process, intestate distribution calculations, OPGT notification requirements, and step-by-step instructions for every GA form — so you can secure legal authority and distribute the estate correctly even without a will.

Moving Forward

Dying without a will in Alberta doesn't mean chaos — the Wills and Succession Act provides a clear (if inflexible) framework. But navigating that framework requires understanding the parentelic system, filing the right court documents, and managing family expectations about who inherits what.

If you're administering an intestate estate and need a step-by-step roadmap from the funeral through final distribution, the complete Alberta probate toolkit walks you through every stage of the process.

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