The Public Trustee is appointed by the Alberta Government under the Public Trustee Act. Authority of the Public Trustee is found in the Public Trustee Act and other provincial statutes. The Public Trustee maintains offices in Calgary and Edmonton. The offices are staffed by trust administrators, lawyers, taxation officers, auditors and support staff.

The primary functions of the Public Trustee are to

• protect minors’ property interests;
• act as trustee for people with mental disabilities;
• act in the administration of deceased persons’ estates.

The Public Trustee’s policy is to step in only where it is necessary or appropriate to protect the financial interests of vulnerable Albertans.

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 does the Public Trustee become the personal representative?

The following illustrate situations in which the Public Trustee may become the personal representative of a deceased person:

1. the Public Trustee is named executor in a deceased person’s Will.
2. a minor or an adult for whom the Public Trustee is acting as trustee under the Dependent Adults Act is interested in the estate and one or more of the following apply:
   1. there is no Will and the minor or dependent adult is the deceased’s closest next-of-kin in Alberta, or
   2. the deceased’s Will does not name an executor or the executor is deceased or cannot be found and there are no adult beneficiaries in Alberta
3. if no one who may be entitled to act as personal representative has stepped forward to administer a deceased person’s estate within a reasonable time after the deceased’s death, the Public Trustee has a discretion to take on the role of personal representative
4. the Court finds it necessary to appoint the Public Trustee.

1. Locate Assets
   
   An investigation is done to locate a Will and identify the deceased person's assets. If a Will is found and it names an executor, other than the Public Trustee, that person is contacted to assume responsibility of administering the estate.
   
   Valuables are placed in the Public Trustee's vault or are secured in storage. Where necessary, insurance is placed on the estate property such as the home, vehicles, etc.
   
   
2. Pay the Funeral Account
   
   If there are sufficient assets to cover the cost of the funeral, the Public Trustee advises the funeral director to proceed with a funeral that is within the Public Trustee's guidelines. The Public Trustee pays the funeral account from the estate assets. If the family wishes to arrange a funeral that exceeds the guidelines, they must pay the additional charges.
   
   If there are insufficient funds, the Public Trustee applies for funding from the Department of Human Resources & Employment and then reimburses the cost of the funeral in whole or in part from the deceased person’s assets.
   
   If family members wish cremation of the body, they must provide the funeral director with a cremation authorization.
   
   
3. Identify Beneficiaries
   
   The Public Trustee needs documents such as birth certificates, marriage certificates and death certificates to identify beneficiaries and prove the right to inherit.
   
   
4. Obtain Renunciation Documents
   
   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.
   
   
5. Prepare Documents to Obtain the Court Grant
   
   The application to the Court for the Grant shows:
   a. whether the deceased passed away with or without a Will,
   b. the property and debts of the estate and the value of each, and
   c. who inherits the estate and the share each beneficiary will receive.

   Copies of the application are sent to beneficiaries.
   
   A dependent, minor child or disabled adult child may have a claim on the estate under the Dependants Relief Act and Matrimonial Property Act or both acts. The law requires that they or their legal representative be notified so that they have an opportunity to make a claim for a share or a greater share of the estate.
   
   

6. Receive Appointment From the Court
   
   If the application is in order, the Court issues a Grant naming the Public Trustee as the personal representative of the estate.
   
   
7. Deal With Assets and Liabilities
   
   The Public Trustee calls in the bank accounts, applies for death benefits and redeems investments. Assets such as farm machinery, vehicles and land are sold unless there is a Will stating that certain assets are to be distributed (in specie).
   
   Any legal proceedings relating to the estate are dealt with. This includes potential claims under the Dependants Relief Act, Matrimonial Property Act, Fatal Accidents Act or an action for wrongful death. It could also include defending actions brought against the estate.
   
   If there are legal proceedings or any disputes with creditors, this may cause a delay in distributing the estate.
   
   The Public Trustee also advertises for creditors and claimants and pays legally enforceable debts if there are sufficient funds.
   
   
8. Complete Income Tax Returns
   
   Income tax returns are filed until the estate is distributed. A final income tax clearance certificate may also be required from Revenue Canada. It may take up to 6 months to obtain this certificate.
   
   
9. Complete an Audit
   
   The Public Trustee audits each estate to ensure that it was administered correctly.
   
   
10. Account to the Beneficiaries
    
    When an estate is ready for distribution, beneficiaries are provided with final accountings and Releases. 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 dissatisfied with the accounting and refuse to provide Releases, the matter is referred to the Court for resolution.

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

1. Respond promptly to requests.

2. Provide us with a birth certificate or baptismal certificate that shows your date and place of birth and your parents' names when requested.

3. Provide your Social Insurance Number, when requested, for the necessary tax forms.

4. Notify the Public Trustee immediately if any assets should be distributed in specie as this may prevent those items from being sold.

5. Refer to the deceased person's name, file number or both when contacting the Office of the Public Trustee.

6. Be aware that it may take time to properly administer an estate. The steps in administering an estate can be complex and lengthy. The length of time it takes to administer an estate depends in part on the parties we are required to deal with.

1. An illegitimate child may inherit from a natural parent who dies without a Will provided the child was not adopted. A lawyer can provide advice about the child's rights.

2. Benefits to spouses, minor children and other dependents of the deceased may be available directly from government departments and employers.

3. 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.

4. Bank accounts, bonds and investments that are jointly registered or that designate a survivor also pass directly to the survivor. The survivor should contact the financial institutions.

5. 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.

6. A marriage revokes an existing Will unless the Will states that it is prepared in contemplation of that marriage.

7. A divorce does not revoke a Will.

8. A witness to a Will and the spouse or adult interdependent partner of the witness cannot inherit under that Will.

9. 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.