What happens if I die without a will?

If you die without a will, you are said to die "intestate". Two immediate problems arise when this happens:

• As there is no executor appointed, there is no one to take charge of the handling of your estate.
• Secondly, there is no written record of what you would like done with your estate.

In this situation, an Alberta statute called the Intestate Succession Act comes into effect. All provinces across Canada have similar legislation, although its contents and effect will vary from province to province. In Alberta, the Act provides for the appointment of an "administrator" (administratrix) to handle the gathering together and distribution of the estate. This must be done after someone applies to take on the job and the Court issues an order appointing him or her, so there may be some initial delay.

The Act takes care of the second problem by setting out a schedule of blood relatives who may inherit the estate. For example, if the value of the estate is less than $40,000 and there is a spouse and children, then the spouse inherits the whole estate. If it is worth more than $40,000 and there are a spouse and children, then the spouse gets the first $40,000 and splits the rest with the children, in shares that depend on the number of children. If there is no spouse and no children, then the estate will go to other relatives in an order set out in the Act. If there is no spouse and no blood relatives, then another Alberta statute comes into play: the Ultimate Heir Act. This Act says that in this situation, the estate will pass to the provincial government.

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WARNING: The contents of these FAQs are intended as general legal information only.
If you have a personal problem, please consult a lawyer.