Intestate – When someone dies without a will (Probate when there is no will)
Intestacy or dying intestate is when a person dies without a valid will. This happens if there is no will, the will is not drafted or executed correctly, or the will cannot be found. In this case, someone needs to apply to the surrogate court for the power to administer the estate. This is sometimes referred to as probate, but when there is no will it is properly referred to as applying for letters of administration. The interstate lawyers of Kahane Law Office 403-225-8810 in Calgary, Alberta are here to help you get through this difficult time.
Administering the estate
When there is a will, the person who is in charge of the estate is called the executor or personal representative. When a person dies intestate – dies with no will – a family member may apply to the courts to act as the estate administrator (this role can be referred to as the estate trustee). If the court grants letters of administration, the administrator inventories the estate, pays out all the debts and then makes sure the beneficiaries receive what they should under intestacy laws. Alberta law when people die without a will is legislated by the Wills and Succession Act. Click this link to learn more about the role of the estate administrator.
If no immediate family member or close friend of the deceased can or will act as administrator, then the court may appoint a trust company to undertake the task.
Who gets the estate when someone dies without a will
The Wills and Succession Act in Alberta determines who will receive what if a person dies with no will. It is not true that the Province of Alberta will receive everything if there is no will unless there is absolutely no living relative of the person who died. Otherwise, depending on the family situation of the deceased, the estate may go to a spouse, children, parents, siblings, cousins, etc.
Problems when there is no will
Intestacy can create many problems. These include, but are not limited to, family fights over who gets the estate or administers the estate, children getting large sums of money or assets on turning 18, specific wishes of the deceased not being met, and more. The process and cost of getting a will is reasonable. Learn more about the problems with a blended family intestate situation here.
Getting the help you need when dealing with Intestacy
Our Calgary intestacy lawyers will help you understand the complexities of Intestacy laws and administering an estate when there is no will. Also learn the difference between needing letters of administration vs. a will. Kahane Law Office would be pleased to assist you in all matters relating estate administration. Call 403-225-8810 or email us directly here today.