What is the difference between probate and a grant of administration in Alberta?
This answer covers the law of Alberta.
A grant of probate is used where there is a will, and a grant of administration is used where there is no will or the named executor does not act. Probate asks the Court to confirm that the person named in the will has authority to administer the estate. With a grant of administration, a family member or other party goes to court for authorization to settle the estate.
Who applies follows a priority list. With a will, the named personal representative has priority unless incapable or unwilling to act. Without a will, the order starts with the surviving spouse or adult interdependent partner, then a child, grandchild, other descendant, parent and sibling. A grant of administration generally cannot go to more than 3 people at once, unless the court orders otherwise.
A grant is not always required. A named executor is a personal representative even before any grant, but Land Titles needs a grant of probate or letters of administration to transmit a sole owner's home to the personal representative. What you need depends on the asset, so a lawyer can confirm.
Key takeaways
- A grant of probate confirms the person named in the will has authority to administer the estate, while a grant of administration is for estates with no will or where the named executor does not act.
- With a will, the named personal representative has priority to apply unless incapable or unwilling, and without a will the order starts with the surviving spouse or adult interdependent partner.
- A grant of administration generally cannot go to more than 3 people at once, unless the court orders otherwise.
- A grant is not always required, but Land Titles needs one to transmit a sole owner's home to the personal representative.