Overview

Executor

When a person writes their will, they usually choose someone to be their personal representative, also known as an executor. To settle the estate, the executor:

  • makes burial arrangements
  • pays outstanding bills with the deceased person’s money
  • sells their property
  • files a tax return
  • takes care of any other final tasks

No will

If there’s no will or if the executor doesn’t act, someone else, such as a family member, or the OPGT may go to court for authorization to settle the estate.

Beneficiary is a minor or represented adult

The public trustee may be needed to administer an estate when:

  • the beneficiary is a minor or represented adult who has a guardian, trustee, co-decision-maker or personal directive agent, and
  • no appropriate person or corporation is found to handle the estate

Legislation

Legislation about estates and wills:

Public trustee involvement

If someone dies and next-of-kin can’t be found, the OPGT may be notified by one of these organizations:

  • medical examiner
  • funeral home
  • police

The OPGT gets involved if:

  • a beneficiary is under the age of 18, or
  • a beneficiary is an adult who doesn’t have the mental capacity to make decisions and they have a court-appointed public trustee

Public trustee administered estates

If the public trustee administers an estate, the OPGT will:

  • deal with urgent issues first, like the care of pets or livestock
  • make burial arrangements
  • locate and take control of the person’s assets, like bank accounts and property
  • keep sentimental items, like photographs, war medals and diplomas, for the family, whenever possible
  • pay debts and file income tax returns
  • look for beneficiaries
  • distribute any inheritance

Beneficiaries of a public trustee administered estate

Contact the OPGT immediately if you think:

  • we’re administering the estate
  • you’re entitled to receive money or other assets from an estate administered by the public trustee
  • there are sentimental items you want to keep so they aren’t liquidated
    • all requests will be considered

Be ready to:

  • tell us the deceased person’s name
  • provide us with the file name, if you have it
  • respond to our requests quickly
  • show us your birth or baptismal certificate, that has your place and date of birth, and your parents’ names
  • give us your social insurance number for tax purposes
  • tell us immediately if there are assets that should be distributed ‘as is’ rather than liquidated
  • be patient; it takes time to properly administer an estate

If a beneficiary can’t be found

If there’s money in an estate administered by the public trustee and the beneficiaries can’t be found, the funds will eventually go to Alberta’s provincial treasurer.

If beneficiaries are found later, they can still get the money.

Costs

The OPGT charges fees to help offset the cost of settling an estate. Fees may change without notice.

Unclaimed bodies

If no one arranges to bury a deceased person, the public trustee may assist with the burial. Other government agencies will also cooperate.

Publications

The Public Trustee as the Representative of a Deceased Person’s Estate

Contact

Find an OPGT office near you