Alberta Intestacy Calculator: Dying Without a Will
Calculate estate distribution in Alberta under the Wills and Succession Act. See exactly who inherits when you die without a will.
Your Situation
Federal Indian Act rules apply instead of provincial laws
Alberta Rules:
• Preferential amount: $150,000
• Common-law recognized: Yes (3 years)
Wills and Succession Act, S.A. 2010, c. W-12.2
Total Estate Value
$500,000
Number of Beneficiaries
3
Province
Alberta
Distribution Breakdown
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Who Inherits Your Estate
| Beneficiary | Relationship | Share % | Amount | Notes |
|---|---|---|---|---|
| Surviving Spouse | Spouse | 65.0% | $325,000 | Preferential $150,000 + 50% of remainder |
| Child 1 | Child | 17.5% | $87,500 | Share of 50% remainder divided equally |
| Child 2 | Child | 17.5% | $87,500 | Share of 50% remainder divided equally |
How the Distribution is Calculated
Alberta Intestacy Formula:
1. Spouse receives preferential amount: $150,000
2. Remainder: $500,000 - $150,000 = $350,000
3. Spouse receives 50% of remainder: $175,000
4. Spouse total: $150,000 + $175,000 = $325,000
5. Children split 50% of remainder: $175,000 ÷ 2 = $87,500 each
Legislation: Wills and Succession Act, S.A. 2010, c. W-12.2
About Alberta Intestacy Laws
Preferential Share
$150,000
Spouse's first inheritance
Common-law Status
Common-law partners recognized after 3 years of cohabitation (or if a child is born)
Recognition threshold
Distribution Split
Spouse receives first $150,000, then 50% of remainder. Children share remaining 50%.
Between spouse & children
Overview
Alberta's intestacy laws are governed by the Wills and Succession Act, which came into force in 2012, replacing the older Wills Act. The preferential share is $150,000, which is moderate compared to other provinces. After this amount, the estate is split 50/50 between the surviving spouse and children, known as the "prairie formula" (used in Alberta, Saskatchewan, and with variations in Manitoba and Newfoundland). This formula is simpler than Ontario's 1/3-2/3 split or BC's complex rules.
Key Intestacy Rules
- •Preferential share of $150,000
- •Common-law partners recognized after 3 years (or if a child is born)
- •Spouse gets 50% of remainder, children get 50%
- •Stepchildren do NOT inherit unless adopted
- •Parents inherit if no spouse or descendants
- •Equal distribution among all children
Distribution Rules
Alberta follows a clear hierarchy: First, the married spouse or Adult Interdependent Partner receives the first $150,000 and then 50% of any remainder. Second, children share the remaining 50% equally. Third, if there's no spouse, children take everything equally. Fourth, if no descendants, parents inherit. Fifth, siblings if no parents. Sixth, more distant relatives. Finally, if no relatives, the estate goes to the Alberta government. The 50/50 split after the preferential share balances the needs of surviving spouses with the interests of children from any relationship.
Common-law Partner Recognition
Alberta recognizes "Adult Interdependent Partners" (AIPs) rather than using the term "common-law spouse." An AIP relationship is established by: (1) Living together in a relationship of interdependence for at least 3 continuous years, OR (2) Living together in a relationship of interdependence of some permanence if there is a child of the relationship by birth or adoption, OR (3) Entering into an Adult Interdependent Partner Agreement. This framework is unique to Alberta and provides flexibility for various relationship types, including non-romantic caregiving relationships. AIPs have the same intestacy rights as married spouses.
Special Considerations
Alberta has several notable features: (1) The Adult Interdependent Partner framework is unique and includes non-romantic relationships if there's an AIP agreement. (2) Stepchildren have NO inheritance rights unless legally adopted. (3) Adopted children have full rights identical to biological children. (4) Half-siblings inherit equally with full siblings. (5) Posthumous children conceived before death inherit as if alive at death. (6) Alberta uses "per stirpes" distribution where grandchildren inherit their deceased parent's share. (7) The government acts as "ultimate heir" if no relatives are found, with proceeds going to the Crown.
Unique Features
- ✓Alberta uses the "prairie formula" - a 50/50 split of remainder between spouse and children
- ✓Common-law recognition includes exception if a child is born to the relationship
- ✓Adult Interdependent Partner (AIP) agreements provide inheritance rights to non-traditional relationships
- ✓Alberta law is clear and straightforward with less complexity than BC
- ✓Preferential share is moderate at $150,000
Governing Legislation
Wills and Succession Act, S.A. 2010, c. W-12.2
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Frequently Asked Questions
About This Calculator
When a Canadian dies without a valid will, they die "intestate." This intestate succession calculator shows exactly how your estate would be distributed according to Canadian provincial laws if you die without a will. Understanding intestacy laws is crucial for estate planning because provincial legislation determines who inherits your assets—often in ways that don't align with your wishes. Each Canadian province has different intestate succession rules, and the differences can be dramatic. For example, Ontario's Succession Law Reform Act gives a surviving spouse a $350,000 preferential share before children inherit, while Manitoba's threshold is only $50,000. Quebec operates under civil law and does NOT recognize common-law partners at all for intestate succession—only legally married spouses inherit automatically. Our free intestate succession calculator models all 10 provinces' intestacy laws and shows you the exact distribution based on your family situation. You can compare how different provinces treat estates, see how common-law relationships affect inheritance, and understand why having a will is essential. The calculator handles complex scenarios including multiple children, parents, siblings, and extended family, applying the correct provincial formulas to show who inherits what percentage and dollar amount. The results may surprise you. Did you know that in Quebec, your spouse only gets 1/3 of your estate if you have children? Or that in most provinces, your common-law partner must have lived with you for 2-3 years to inherit? Without a will, you have NO CONTROL over who receives your assets—provincial law decides for you. This calculator demonstrates the urgent importance of estate planning and creating a legally valid will that reflects your true wishes.
Key Features
- Calculate intestate distribution for all 10 Canadian provinces
- Model any family situation: spouse, children, parents, siblings
- See exact dollar amounts each beneficiary would receive
- Visual pie chart showing distribution percentages
- Provincial comparison mode to see how rules differ
- Common-law partner recognition by province
- Step-by-step math explanation of intestacy formulas
- Warning alerts for surprising outcomes
When to Use This Calculator
- Understanding who inherits if you die without a will
- Comparing intestate distribution vs your desired distribution
- Learning how common-law relationships affect inheritance
- Seeing how different provinces treat estates differently
- Educating family members about importance of estate planning
- Estate planning preparation before meeting with lawyer
- Teaching children about Canadian succession law