Inventory of Reforms

Estate Administration

Year:
2015

Description:
In the Final Report on Estate Administration, the Alberta Law Reform Institute (ALRI) makes recommendations for reform of the Administration of Estates Act.

The Report for Discussion by the Alberta Law Reform Institute raises issues relating to the administration of the estate of a deceased person and the role and responsibilities of the personal representative administrating the estate.

Status:
Estate Administration Act was passed

Timeline:
2015: Estate Administration Act was passed
2013: Final Report
2011: Report for Discussion

Jurisdiction:
Alberta

Body Responsible:
Alberta Law Reform Institute

Publications:
Estate Administration Act
Estate Administration Final Report
Estate Administration Report for Discussion

Description of Reforms:
Estate administration is the job of gathering the assets of the deceased, paying the debts and distributing the estate to the persons entitled by will or the intestate succession legislation.
Often the personal representative [PR] will be a family member who may have no previous experience of such a job and will also be dealing with the death of a family member at the same time.
Surveys have found that the job of a PR is not well understood and there is little information available to help.

Results:
Alberta passed new legislation in 2015, the Estate Administration Act, to govern estate administration in the province.

The Report for Discussion proposed key changes to improve the process of estate administration in Alberta.
First, it proposes that a PR, whether appointed by a will or on intestacy, have the power to act from the death. Second, it proposes to set out clearly the values that the PR must follow in administering an estate. The PR must act with a duty of care, administer the estate in a timely manner, and maintain communication. Third, it proposes to outline a clear and rational statement explaining the process of estate administration and the PR’s core tasks. The starting point for this statement will be the current list of the PR’s core tasks in the Surrogate Rules. Finally, it stresses the importance of communication by the PR to the beneficiaries, creditors and others. Communication arises in all aspects of the PR’s job. The process of administering an estate is made easier for the PR and all involved if communication is open and effective.

Revision History:
This summary was last reviewed on June 13, 2024