Without expressed identifiable wishes for the individual, that would typically be set out in a Will that can be more easily followed, this then necessitates obtaining the authorization through a court application.

Dying intestate is often more complicated with further review of fundamental issues such as who can be given authority to be the personal representative/executor of the estate, how should the estate assets and debts be treated, and to who shall they be distributed to, among others. 

Additionally, if there are children and there is not another legal guardian, questions will exist as to where the children will reside and how will they be provided for.

If there is a spouse or partner, questions will exist as to what portion of the estate should be utilized to support this person. 

The Court of King’s Bench of Alberta has authority in determining who will be given authority over an estate when a person dies intestate.

In Alberta there are specific circumstances that necessitate proceeding with a grant of administration, such as the deceased owning real estate and financial assets over $25,000 in value.

It is important that detailed information is collected on the assets and debts of the estate, and biographical detailing of the deceased and their immediate relatives.

All relevant information is then submitted with a complete application.

It is essential that the surrogate court which reviews the application prior to a Justice of the Court of King’s Bench of Alberta, has all the necessary requirements for this application.  

Rejections can be time consuming and will mean further delay in receiving a final grant of administration which is required.

After a grant of administration is complete, a personal representative/executor’s responsibilities are not finished.  There are further requirements for advertising to potential creditors, a deadline for filing of claims, and finalizing taxable obligations of the estate with the Canada Revenue Agency.