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Who represents the estate when there is no will?

estates executor probate Mar 04, 2020

If there is no will, certain people are entitled to apply for a Grant of Administration. This is the type of Grant that is used when there is no will.  The application should be made by the person who has the highest priority and is willing and able. People with preference can renounce, and people at the same level of priority can apply. If no one at the level wants to use, people at a lower level of priority can apply. If the estate is bankrupt and no family is willing to apply, a creditor can apply. The Crown can also apply.

The priority levels are as follows:

  • Surviving spouse or adult interdependent partner
  • Children
  • Grandchildren
  • Other children of the deceased
  • Parents
  • Siblings
  • Children of siblings
  • Other next of kin

Preference may be given to people living in Alberta.

If the family cannot agree on who should apply, the court will decide. The court can choose to appoint a neutral personal representative, such as a trust company. While this may sound easy and straight forward, in our experience, the application to have an administrator appointed can be stressful on the family if more then one child wants to be selected. 

If your loved one has died and you need help determining who should apply to be an administrator of the estate, contact our office to discuss your options with an experienced Estate lawyer. Remember...we are here to help. 

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