What “Intestate” Means in Alberta — and Who Inherits
Table of Contents
Inestate Definition
“Intestate” means a person dies without a valid will (or with property the will doesn’t cover). Alberta’s Wills and Succession Act (WSA) sets a default distribution. CanLII
Types of Estate Administrators in Alberta
Who inherits under Alberta’s intestacy rules (plain English)
Spouse or Adult Interdependent Partner (AIP) only, no descendants: spouse/AIP gets 100%.
Spouse/AIP and descendants (all common to the spouse/AIP): spouse/AIP gets 100%.
Spouse/AIP and descendants (not all common): spouse/AIP gets the greater of $150,000 or 50% of the net estate; the rest goes to descendants per stirpes.
No spouse/AIP: the estate goes to descendants per stirpes; if none, Alberta uses parentelic distribution (parents → siblings/nieces/nephews → grandparents and their descendants; stops at fourth degree). Alberta.ca
No heirs at all: the estate escheats to the Government of Alberta under the Unclaimed Personal Property and Vested Property Act.
Example (Blended Family in Calgary)
Sam dies without a will, leaving an AIP and two children, one from a previous relationship. The AIP receives the greater of $150,000 or 50% of the net estate; the children share the remainder per stirpes. A Grant of Administration is required before assets can be distributed.
What to do next if there’s no Will
Secure property and important papers.
Order a death certificate.
List assets/debts and identify all potential heirs.
Speak with a wills & estates lawyer about applying for a Grant of Administration.
Communicate clearly with family about timelines and expectations.
Professional Will Preparation
Our experienced Calgary will and estate lawyers draft wills that:
- Name primary and alternate executors
- Provide clear distribution instructions
- Include all necessary legal provisions
- Minimize potential disputes
Complete Estate Planning Solutions
Beyond basic wills, we prepare:
- Enduring Power of Attorney: Financial decision authority
- Personal Directive: Healthcare and personal choices
- Trust provisions: Asset protection strategies
- Tax planning: Minimize estate taxation
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Disclaimer: This guide provides general information about estate planning in Alberta and should not be considered legal advice. Every situation is unique, and you should consult with a qualified estate planning lawyer to discuss your specific circumstances. Laws and regulations can change, so ensure you’re working with current information when making estate planning decisions.
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Frequently Asked Questions About Inestate
Does a separated spouse inherit?
Complex. The WSA has provisions where long separations or agreements can affect entitlement; get legal advice for specifics. (See WSA sections on separation contexts.)
What does “per stirpes” mean?
Each branch of the family inherits its share; children of a deceased child step into that child’s share.
I’m an AIP — do I inherit?
Yes, the Act treats AIPs similarly to spouses for intestacy shares.
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