The Public Trustee is appointed by the Alberta Government under the Public Trustee Act to protect and manage the financial interests of vulnerable Albertans. The Trust administrators, lawyers, taxation officers, auditors and support staff in the Office of the Public Trustee act on behalf of people with mental disabilities, administer the estates of deceased persons and protect the property interests of minors.

Depending on the assets left by the deceased, it may be necessary for someone to be given legal authority to complete the deceased's affairs.

When no appropriate person or corporation is found to handle the estate, the Public Trustee will be called upon as a last resort. When a Minor or a Dependent Adult has an interest in a deceased person’s property and financial assets, the Public Trustee may be called upon to be the Personal Representative of the estate. This happens when there is no Will and the Minor or Dependent Adult is the closest next-of-kin in Alberta – or an Executor cannot be found and no adult beneficiaries are found in Alberta.

Assets are located
An investigation is conducted to locate and identify assets. Valuables are placed in the Public Trustee’s vault or storage. When necessary, insurance is placed on estate property such as a real estate, vehicles, etc.

Funeral costs are paid
Proceeds of the sale of assets are used to cover funeral costs. If funds are not available, the Public Trustee will apply for funding from other government sources. If the family wishes to arrange a funeral exceeding Public Trustee guidelines, they must pay the additional charges.

Beneficiaries are identified
The Public Trustee needs documents such as birth certificates, marriage certificates and death certificates to identify beneficiaries and to prove the right to inherit.

Renunciation documents are obtained
To become the personal representative of the estate, the Public Trustee may require a renunciation document from anyone with a prior right to be the personal representative.

Documents are prepared to obtain a Court grant
The Public Trustee must make an application to the Court to become the personal representative for the estate. The Public Trustee must show whether the deceased passed away with or without a Will, the property and debts and who will inherit the estate – and how much each person will receive. Beneficiaries who receive a share of the estate will receive a copy of the application to the Court and will be notified if they are receiving a specific bequest.

Copies of the application are sent to Dependents
Dependents, or their legal representative, must be notified of the application so they can make a claim for a greater share of the estate if they feel they are not receiving a sufficient amount to meet their needs.

The Court issues a grant
If the application is in order, the Court grants the Public Trustee the power to act as the Personal Representative of the estate.

Assets and liabilities are dealt with
The Public Trustee calls in bank accounts, applies for death benefits and redeems investments. Assets such as machinery, vehicles and land are sold unless there is a Will stating they should be distributed. Claims against the deceased under the Dependants Relief Act, Matrimonial Property Act, Fatal Accidents Act, or an action for wrongful death are also handled. Legal proceedings, or disputes with creditors may delay the distribution of the estate. The Public Trustee will advertise for creditors and claimants and pay legally enforceable debts if sufficient funds are available.

Income Tax returns are completed
Income tax returns are filed until the estate is distributed. A final income tax clearance certificate will also be required from the Canada Revenue Agency, which could take six months or longer to obtain.

An audit is completed
The Public Trustee audits each estate to ensure it was administered correctly.

An account is given to the beneficiaries
When an estate is ready to be distributed, beneficiaries are provided with an accounting of the administration of the estate by the Public Trustee. The Public Trustee must wait for the income tax clearance certificate and all releases to be returned. When these items are received, legal and administration fees are taken and the estate is distributed. If the beneficiaries are not satisfied with the accounting and refuse to provide releases, the matter goes to Court.

The Public Trustee will consider all requests to distribute assets in the form they are found. Photographs, diplomas, war medals, awards and items of sentimental value are kept for the family whenever possible. Personal items necessary for the comfort of a deceased's children may also be made available.

• Benefits to spouses, minor children and other dependents of the deceased may be available directly from government departments and employers.
• Proceeds from a life insurance policy naming a specific beneficiary belong to the beneficiary and not the deceased's estate. The named beneficiary should contact the insurance company directly.
• Bank accounts, bonds and investments that are jointly registered or that designate a survivor pass directly to the survivor. The survivor should contact the financial institutions.
• Often people are registered as "joint tenants" on their home or land. When one of the joint tenants dies, the property passes directly to the surviving joint tenant.
• A marriage revokes an existing Will unless the Will states that it is prepared in contemplation of that marriage.
• A divorce does not revoke a Will.
• A witness to a Will and the spouse or adult interdependent partner of the witness cannot inherit under that Will.
• Some people will administer an estate without Court authority. The assets and the agency with the authority to transfer those assets will determine if this is possible. While this may save costs, there is a high degree of risk to the person acting without a Grant.
• Although the process in obtaining and administering an estate under the authority of a Grant appears difficult and time consuming, a personal representative acting in accordance with the law gains protection from the Court.

You may contact either office of the Public Trustee with general questions of a general nature. If you are a long-distance caller within Alberta, you may call toll free by telephoning 310-0000 and then dialling 780-427-2744 (for the Edmonton office) or 403-297-6541 (for the Calgary office).

Additional general information may also be obtained through Dial-A-Law at 1-800-332-1091.

We cannot give legal advice.

Your best source of information about a specific trust not held by the Public Trustee is your lawyer.