What Happens If You Die Without a Will in Alberta?

Without a valid will, you die intestate, and Alberta's Wills and Succession Act takes over. Alberta's formula is notably generous to a surviving spouse or Adult Interdependent Partner — but it changes sharply when children from another relationship are in the picture.

Alberta's intestacy formula

• Spouse/AIP, and all children are shared: the spouse or AIP inherits the entire estate. The children get nothing immediately, on the theory the survivor will provide for them.
• Spouse/AIP, plus a child from another relationship: the survivor receives the greater of $150,000 or 50% of the estate, and the remainder is shared among the descendants — a deliberate protection for children of a prior relationship.
• Both a spouse and an AIP exist: the estate is divided between them (often half each), an unusual Alberta scenario.
• No spouse or AIP: everything goes to the children, then to parents, siblings, and more distant kin.
• No relatives at all: the estate goes to the Alberta government.

Common-law partners: protected as AIPs

Alberta uses the concept of the Adult Interdependent Partner. You can become someone's AIP by living in a relationship of interdependence for at least three years (or less with a child together, or by signing an AIP agreement). A qualifying AIP inherits on intestacy much like a married spouse — a sharp contrast with Ontario, where common-law partners get nothing. Still, proving AIP status can itself become a dispute, which a will avoids.

The personal representative and the wait

With no will there's no named executor. A relative must apply to Alberta's Surrogate Court to be appointed personal representative (administrator) before assets are released. Until the grant issues, the estate is frozen — often for months.

Minor children

No will means a court decides guardianship, which may not reflect your wishes.

Bottom line

Alberta's rules favour a surviving partner but turn rigid and divisive in blended families. A will lets you set the shares, confirm who provides for the kids, and name a guardian.

Frequently asked questions

Who inherits if there is no will in Alberta? Your spouse or AIP and your descendants, under the Act's formula; if none, more distant relatives. Does the government take your estate in Alberta? Only if no spouse, AIP, or traceable relatives exist. Who becomes the administrator of an estate in Alberta? Usually the spouse, AIP, or a close relative, appointed by the Surrogate Court as personal representative. What happens to minor children with no will in Alberta? A court appoints a guardian, which may not be your preferred choice.

Not legal advice. General information about Alberta law as of 2026. Confirm specifics with an Alberta estate lawyer.