What Is A Grant Of Administration?
A Grant of Administration is obtained when an individual dies intestate (without a valid Last Will and Testament). It is a court order that appoints the appropriate people to deal with a deceased person’s estate where property will be distributed in accordance with Alberta law:
- In Alberta, if there is no Will, certain people are entitled to apply for a Grant of Administration. 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 apply, 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
- Other children of the deceased
- Children of siblings
- Other next of kin
Preference may be given to people living in Alberta.
What Happens 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 straightforward, in our experience, the application to have an administrator appointed can be stressful on the family if more than one child wants to be selected.
We Are Here To Help!
If your loved one has died without a Will 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.