Can I Apply for Probate Myself in Alberta Without a Lawyer?
This answer covers the law of Alberta.
Yes, you can apply for a grant yourself in Alberta without a lawyer. Surrogate matters are heard in the Court of King's Bench, and paper applications are accepted for self-represented people. An individual without a lawyer can also use the Surrogate Digital Service (SDS) online, but only if they are an Alberta resident and one of the applicants.
The process is more than filling in one form. Form GA1 is always required, and other forms depend on the circumstances. The original will must be attached to the application. A witness usually proves the signing formalities with a GA8 affidavit. You must serve the application and a GA2 inventory on residuary beneficiaries and others listed in the Act and Rules. Notice of the grant issuing must be served within 30 days after it issues.
Going alone gets riskier when a minor is a beneficiary, because the Public Trustee must review the application. A caveat can also delay a grant. A non-resident personal representative must provide a bond. A grant is not always required, so it is worth confirming what your estate needs.
Key takeaways
- Paper applications are accepted for self-represented people, and the online Surrogate Digital Service is open to Alberta residents who are applicants.
- Form GA1 is always required on a grant application, and the original will must be attached.
- Notice that the grant has issued must be served within 30 days after it issues.
- A minor beneficiary, a caveat, or a non-resident personal representative who needs a bond can make a do-it-yourself application harder.