GRANT OF ADMINISTRATION (When There is no Will)

Probate is the process where the court recognizes the authority of an executor in a will to deal with the assets of the estate. Administration is the application required when there is no will. A grant in either case assures certain third parties such as financial institutions of the validity of your will or appointment, and it also facilitates the distribution of estate assets.

How is a Grant obtained where there is no Will?

Section 13.1(b) of the Estate Administration Act sets out which relatives of the deceased person (if available) has priority to make the application:

First priority goes to the spouse or adult interdependent partner (“aip”) of the deceased, followed by the children, or grandchildren, or other descendant, or parent, or sibling, and so on.

Who are the beneficiaries of an estate where there is no Will (an intestate estate)?

Part 3 of the Wills And Succession Act sets out the distribution scheme in Alberta on an intestacy:

Firstly, if there is a surviving spouse/aip and no descendants, that person will receive the entire estate. If there is a surviving spouse/aip and children, the estate will go to the spouse or aip, if the children are the descendants of both the deceased and the spouse/aip. If the children were not descendants of the spouse/aip, 50% of the estate would go the spouse/aip, and the rest to the children.

If there is no spouse/aip, the estate will be divided equally amongst the deceased’s children. If a child predeceased the deceased person, that child’s share would be divided equally amongst that child’s children (the deceased’s grandchildren).

In cases where there is no spouse/aip, children or grandchildren, the next beneficiary with priority would be the deceased’s parents, followed by siblings, nieces and nephews, grandparents etc.

Please contact us if you have any questions about obtaining a Grant of Administration in an intestate estate.

Peter Robinson (49 Posts)

Peter G. Robinson is an accomplished and skilled general practice lawyer in Calgary, Alberta. Over his 20 year career, Peter has carved out his niche in Residential Real Estate, Wills & Estate Planning, and Probate Applications. Uniquely available to his clients, Peter is a calm and patient communicator who easily puts his clients at ease with straight-forward explanations of legal concepts. Blogging is his latest venture to cultivate awareness of NW Calgary Law, a law firm where he is the hands-on leader of an enthusiastic team dedicated to prompt and efficient service. Follow Peter on Twitter, connect with him on LinkedIn or visit www.nwcalgarylaw.com The content contained in these blogs is intended to provide information about the subject matter and is not intended as legal advice. If you would like further information or advice on any of the subjects discussed in this blog post, please contact the author at NW Calgary Law at 403.288.0009 or probinson@nwcalgarylaw.com.


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