Most people mean to make a will. It is one of those tasks that stays on the to-do list for years, and then the unexpected happens. Dying without a will in Alberta means the law steps in and decides who gets what, following a fixed formula that has nothing to do with your relationships, your wishes, or your family’s actual needs.
Dying without a will is called dying intestate. It is more common than most people realize, and the consequences are worth understanding before it is too late to plan.
What Does “Intestate” Mean?
Dying intestate means dying without a legally valid will. When this happens, Alberta’s Wills and Succession Act takes over and sets out a rigid distribution hierarchy that determines who inherits from your estate, in what order, and in what proportions.
No matter how close you were to a friend, a stepchild, or a long-term partner who does not legally qualify as a spouse or adult interdependent partner, the intestacy rules will not account for that relationship unless it fits within the defined categories. Your estate goes where the law directs it, not where you would have directed it.
Who Gets What Under Alberta’s Intestacy Rules?
The Wills and Succession Act (Alberta) distributes an intestate estate based on a hierarchy of surviving family members.
Spouse or Adult Interdependent Partner With Children
If you are survived by a spouse or adult interdependent partner (AIP) and by children, the distribution depends on whether all your children are also children of that spouse or AIP.
- If all your children are from the current relationship, your spouse or AIP receives the entire estate.
- If you have children from a different relationship, your spouse or AIP receives a preferential share (the greater of $150,000 and one-half of the net estate), and the remainder goes to your children.
Spouse or Adult Interdependent Partner, No Children
If you are survived by a spouse or AIP but have no children, your spouse or AIP inherits the entire estate.
No Spouse, But Children
If you have no surviving spouse or AIP, your estate is divided equally among your children. If a child has predeceased you but left children of their own, their share passes to your grandchildren in their place.
No Spouse, No Children
The estate moves further along the hierarchy: first to your parents, then equally among your siblings, then to more distant relatives up to a defined degree of relationship.
No Surviving Family
If no eligible relatives can be found, your estate ultimately passes to the provincial government, a process known as escheat. Under the Unclaimed Personal Property and Vested Property Act, a beneficiary who later comes forward may be able to claim the property, but only within a set period of time.
What Happens to a Common-Law Partner If You Die Without a Will in Alberta?
In Alberta, a common-law partner may be recognized under the law as an adult interdependent partner (AIP), but that status is not automatic. Under the Adult Interdependent Relationships Act, a relationship generally qualifies if the partners have lived together in a relationship of interdependence for at least three years, or for a shorter period if they have a child together or have entered into an adult interdependent partner agreement.
If your partner meets that threshold, they have rights under the intestacy rules. If they do not, or if there is any doubt about whether the relationship qualifies, they may receive nothing from your estate regardless of how long you were together or how financially intertwined your lives had become.
A will is the only way to protect a partner in this situation with certainty.
What About Children From a Previous Relationship?
Blended families are where intestacy rules in Alberta can produce the most unexpected outcomes.
If you are in a second relationship and have children from a prior one, the intestacy formula may leave your current spouse or AIP with significantly more than you intended, while your children from the earlier relationship receive only the remainder. Depending on how your estate is structured, the result could just as easily be the reverse.
No formula can replicate what a thoughtful, properly drafted will can achieve for a blended family. If your family situation is in any way non-standard, the absence of a will creates real risk.
Who Administers the Estate When There Is No Will?
When someone dies without a will, there is no named executor to manage the estate. A family member, typically the closest next of kin, must apply to the court for a Grant of Administration. The court appoints them as administrator, giving them the legal authority to gather assets, pay debts, and distribute the estate according to the intestacy rules.
This process is generally slower and more costly than probating a will that already names an executor. The administrator must also post a bond in many cases, adding further complexity and expense. For a detailed look at the probate and grant of administration process, see our earlier post on _____
What a Will Lets You Do That Intestacy Does Not
A valid will gives you control that the intestacy rules cannot provide. With a will, you can:
- Choose who receives your assets, and in what proportions
- Name a guardian for your minor children
- Leave specific items or amounts to specific people
- Include friends, charities, or stepchildren who would otherwise inherit nothing
- Name an executor you trust
- Reduce delays, administrative costs, and the potential for family conflict
Frequently Asked Questions
Does Alberta automatically protect my common-law partner if I die without a will?
Not always. Your partner must qualify as an adult interdependent partner under the Adult Interdependent Relationships Act to have intestacy rights. If the relationship does not meet the legal threshold (for example, if you have lived together for less than three years and have no children together), your partner may have no automatic claim on your estate. A will removes this uncertainty.
What happens to my minor children if I die without a will in Alberta?
Your children will still be entitled to a share of your estate under the intestacy rules. However, without a will, you cannot name a guardian for them. If the other parent is alive and able to act, they will typically assume full parental responsibility automatically. If there is no surviving parent, or if the surviving parent is unable to care for the children, the matter may be brought before the court, which will determine guardianship guided by the best interests of the child under the Family Law Act. A will is the only way to formally express your wishes about who should raise your children if you are no longer able to.
Can the government really take my estate if I have no family?
Yes, in limited circumstances. If no eligible relatives can be identified within the timeframes set out in Alberta legislation, your estate can pass to the Crown. This outcome is relatively rare and typically only occurs when a person has no surviving family members within the categories recognized by law.
Is a handwritten will valid in Alberta?
Yes. The Wills and Succession Act (Alberta) recognizes holographic wills, which are wills written and signed entirely in the testator’s own handwriting, as legally valid. No witnesses are required. That said, handwritten wills frequently create problems: they are difficult for courts to interpret, they may fail to address the full estate, and they are more easily challenged than a formally drafted will. A lawyer-drafted will offer significantly more certainty.
How do I get started making a will in Alberta?
The most important step is to make the appointment. An estate lawyer can walk you through the process, help you think through your family situation and assets, and draft a will that accurately reflects your wishes. For most people, it is a straightforward process and far less complicated than dealing with an intestate estate after the fact.
Laws & Beyond assists clients throughout Calgary and Alberta with wills, estate planning, and estate administration matters. If you have questions about dying without a will in Alberta or want to put a plan in place, contact us at 403-300-5297 or info@lawsnbeyond.com to schedule a consultation.
