What is the difference between an executor and a personal representative in Alberta?
This answer covers the law of Alberta.
In Alberta, a will can name a personal representative, and a grant of probate confirms the executor named in the will. You will see both because the Estate Administration Act uses the broader term, while wills and everyday conversation use executor.
A grant of probate confirms the executor named in a will, and if there is no will, a grant of administration is requested from the court. Where there is a will, priority for a grant runs from the named personal representative down to the Crown, and with no will it runs from the spouse or partner through descendants, parents and siblings. Form GA1 lists administration with will annexed as a prior grant type, and an application for it is treated as an application for a grant of administration of unadministered property.
The label does not change the job. A personal representative identifies assets and liabilities, manages the estate, pays debts, and distributes and accounts. After a grant issues, only the personal representative named in it may act for the estate until the grant is revoked or the representative is discharged. Which label and grant apply to you depends on your facts, so a lawyer can confirm.
Key takeaways
- A will can name a personal representative, and a grant of probate confirms the executor named in the will.
- A grant of probate confirms the executor named in a will, while a grant of administration is requested from the court when there is no will.
- Whatever the label, the core tasks are the same: identify assets and liabilities, manage the estate, pay debts, and distribute and account.
- Which label and grant apply to your situation depends on the facts, so a lawyer can confirm.