If you’re in Alberta and you pass away without having a will – legally speaking, you’ve died intestate. While it’s a topic many prefer not to think about, understanding what happens when you die without a will in Alberta is vital. At Nigro Manucci, our wills & estates team is here to guide you through how things work, what family members should expect, and how you can avoid unnecessary complications. In this article, we’ll walk through everything from who inherits, to estate administration, to the tricky parts that often surprise people. Think of this as a helpful guide to avoid potential headaches later.
Key takeaways
- If you die without a will in Alberta, your estate is distributed under the Wills and Succession Act and you lose the chance to choose who inherits.
- Without a will, loved ones may face extra delays, legal fees, and emotional stress because your wishes aren’t documented.
- A legal advisor like Nigro Manucci can help create a will that names your executor, sets guardianship, and directs assets the way you want.
- Even if you don’t have a will now, you can still get one drafted and learn how to update it over time to reflect your current life.
- Understanding intestacy rules helps you see what happens by default – and why drafting a will is such a smart step.
What does “dying without a will” mean in Alberta?
When a person dies without a valid will in Alberta, the law treats them as intestate. This means that they left no legally binding document specifying how their property, assets, or guardianship should be handled. The absence of a will triggers the intestacy rules under the Wills and Succession Act.
These rules automatically determine who inherits, how much they get, and who administers the estate. Unfortunately, these default answers might not align with what the deceased would have preferred. At Nigro Manucci, we often advise clients that having a will is not just about the documents—it’s about giving you control and peace of mind.
How are estates handled if you die without a will?
H2: Who gets to act as administrator of your estate?
When someone dies with a will, they usually name an executor. Without a will, an administrator must be appointed. The court may choose someone eligible under the rules – often a spouse or adult child but not always your first choice. This can lead to delays and extra costs.
Nigro Manucci’s team can step in to guide families through the application for letters of administration and help make this process smoother.
H2: How are your assets distributed?
H3: Married or with a common‑law partner
If you had a spouse or common‑law partner, Alberta’s intestacy rules give the spouse a priority share. But the exact amount and how the remainder is split depend on whether there are children or other family members.
H3: No spouse but children
If you left children but no spouse, your estate may be divided among the children equally (or among other beneficiaries, depending on circumstances).
H3: No spouse, no children
Then the estate may go to parents, siblings, nieces/nephews, or further ancestors. Essentially, the estate winds up following the hierarchy set out in the legislation. Many people are surprised when someone they expected to benefit doesn’t.
Because these rules are fixed, the result may feel unfair or unintended. That’s why at Nigro Manucci we emphasise that drafting a will is much more flexible.
Why it matters: Risks of dying without a will
H2: Lack of control over your wishes
Without a will, you cannot specify who will receive your property, how much they will receive, or when (for example, you cannot delay a gift until someone reaches a certain age). You also cannot name a preferred guardian for minor children or outline your funeral wishes. Nigro Manucci often explains how this loss of control can leave your estate vulnerable to disputes.
H2: Potential for family disputes
Because the estate rules kick in automatically, siblings, step‑children, parents, or other relatives may quibble over who should act as administrator or how assets should be split. This can lead to legal fights — and at worst, erosion of relationships. A clear will prepared with Advisory assistance can prevent many of these problems.
H2: Added delays and costs
Administration under intestacy tends to take longer. There may be extra court steps, potential challenges, accountings and fees. Ultimately, the estate may yield less to beneficiaries because of those costs. Nigro Manucci can help estimate and minimise these costs by guiding families early.
H2: Impact on blended families and non‑traditional relationships
If you have step‑children, unmarried partners, or unconventional family structures, dying without a will often means the law doesn’t recognise those relationships. For example, a partner you lived with might receive nothing—unless you have a will saying otherwise. These are complex cases we handle at Nigro Manucci regularly and which show why tailor‑made estate planning matters.
What happens to minor children and guardianship?
One of the most emotionally charged issues arises when a parent dies without a will and leaves minor children behind.
H3: Who becomes guardian?
Without a will naming a guardian, decision‑making may fall to the courts or a relative who applies to the court. You lose the opportunity to appoint the person you trust most. At Nigro Manucci, we help clients pick thoughtful guardians and alternates in their wills.
H3: How are assets for children handled?
Even if children inherit via intestacy rules, there may be no plan for how their share is managed. Without specific provisions, they may receive large sums when they turn 18 rather than when they might be more mature or financially responsible. A will allows you to create trusts or schedule distributions.
The administration process under intestacy – step by step
H3: Step‑one – Identify and secure assets
First, assets must be located, valued and protected. There’s no direction from the deceased’s will, so the administrator must follow due diligence.
H3: Step‑two – Notify creditors and pay debts
Before anyone receives an inheritance, the estate must pay valid debts, taxes and funeral costs.
H3: Step‑three – Apply for Letters of Administration
The court issues Letters of Administration to the selected administrator. Without a will, this step can take longer and may involve extra applicants contesting the role.
H3: Step‑four – Inventory, accounting and distribution
The administrator must prepare an inventory of assets, keep records, file tax returns and distribute remaining property as dictated by the intestacy rules. At Nigro Manucci, we advise administrators on best practices to stay compliant and reduce risks of disputes or personal liability.
H3: Step‑five – Finalizing the estate
Once all duties are done, the estate is wound up and the administrator is discharged. This closure may take months or even years, depending on complexity.
How to avoid the trap: Drafting a will that works
H2: Why you should act now
No matter your age or how simple you think your estate is, drafting a will ensures your wishes are respected. The sooner you work with Nigro Manucci to create your will, the better you safeguard your family’s future.
H2: Elements of a strong Will
- Choose an executor you trust and name an alternate.
- Decide how assets should be distributed, and when (e.g., immediate vs delayed).
- Appoint a guardian for minor children and specify how you want them raised.
- Consider trusts for minors or vulnerable beneficiaries.
- Provide for any digital assets, pets or specific sentimental items.
- Update your will regularly when life changes (marriage, children, business, real estate). Our wills & estates team at Nigro Manucci reviews client wills every few years.
H2: Working with the right lawyer
A capable firm like Nigro Manucci ensures your will complies with Alberta law and reflects your unique situation. They help you avoid common mistakes (ambiguous wording, invalid witnesses, outdated forms) and offer practical advice on reducing taxes, simplifying probate and making your wishes clear.
Common misconceptions about dying without a will
H3: “My spouse will automatically get everything”
Not always true. While the spouse gets priority under intestacy, if there are children or other relatives, the estate may be split differently than you expect.
H3: “It’s fine—I don’t have much in assets”
Even modest estates benefit from a will. Without one, your family still faces administrative hurdles, and you still lose the ability to appoint a guardian or set specific instructions.
H3: “I can’t afford a will so I’ll just rely on the law”
The cost of a proper will at Nigro Manucci is minimal compared with the cost and emotional toll of leaving everything to intestacy rules. Investing in a will is a smart step.
H3: “My partner and I lived together for years, so they’ll be fine”
Common‑law relationships are recognised differently in Alberta. Without a will, an unmarried partner may receive nothing. A will ensures they’re included if that’s your wish.
When you already died without a will – what your family should know
If someone you love has passed without a will, the process can still be managed effectively, and Nigro Manucci can guide you through it.
H3: Get legal advice early
The sooner you contact a wills & estates lawyer, the better. You’ll need to determine who may be eligible as administrator, which assets exist, and what obligations must be fulfilled.
H3: Collect documentation
Gather death certificate, asset records (bank accounts, real estate titles, investments), debt records and any correspondence. The administrator (or potential administrator) must build the estate file.
H3: Communicate with beneficiaries
Clear communication between family members helps avoid distrust, misunderstandings or challenges later. The team at Nigro Manucci can help facilitate this and create an action plan for next steps.
How Nigro Manucci supports you when there’s no will
H2: Guiding estate administration
Our firm assists in applying for Letters of Administration and explains the administrator’s duties, deadlines, and potential liabilities. We work side by side with the relevant parties to streamline the process.
H2: Helping you think ahead
While we manage the present situation, we also use the opportunity to talk about future planning. Creating a will now ensures your children or partner won’t face similar issues later.
H2: Minimizing conflict and protecting assets
We help identify strategies to reduce family conflict, avoid unnecessary legal fees, and protect the estate’s value. Proactive legal guidance often makes a significant difference in outcome and stress levels.
Tips to keep your estate plan up‑to‑date
- Review your will every 3‑5 years or after major life events (marriage, separation, birth of children, business sale).
- Store your will in a safe but accessible place, and inform your executor where it is.
- Update any beneficiary designations (e.g., RRSPs, life insurance) which may bypass your will.
- Ensure your digital assets, online accounts and passwords are also managed.
- Choose back‑up executors and guardians so you’re covered in the unexpected.
These steps, facilitated by Nigro Manucci, make your estate plan strong and current.
Conclusion: Protecting your legacy well beyond your lifetime
Dying without a will in Alberta triggers intestacy rules that may not reflect your wishes, leads to delays, increased costs, and potentially unhappy outcomes for your loved ones. By working with a trusted law firm like Nigro Manucci, you gain control, peace of mind and clarity for both you and your family.
The best next step? Reach out to the wills & estates team at Nigro Manucci today and begin crafting your will. It doesn’t just protect your assets—it protects what matters most: your family, your choices and your legacy.
Next steps
Ready to take action? Contact Nigro Manucci in Sherwood Park to book a consultation about your will and estate plan. Whether you currently have no will or need to update an existing plan, our team is here to guide you smoothly every step of the way.