What Is a Grant of Administration in Alberta When Someone Dies Without a Will?
This answer covers the law of Alberta.
A grant of administration is the Court's grant of authority to administer an estate. When there is no will, it is the document that lets one person, or a small group, deal with what the deceased left. Once a grant issues, no person other than the personal representative it is issued to has authority to act for the estate.
The Court works from a priority list for people with no will, which starts with a surviving spouse or adult interdependent partner, then a child, then a grandchild. If several people have equal priority, such as several children, the Court may grant authority to one or more of them as it considers appropriate. Higher-ranking people must renounce before a lower-ranking applicant receives a grant. A grant must not be given to more than 3 persons at the same time.
The application starts with Form GA1. The rules apply where the deceased lived in Alberta or owned property here. Property that passes outside the estate, such as jointly owned property or assets with a named beneficiary, may not need a grant, so a lawyer can confirm what applies to you.
Key takeaways
- A grant of administration is the Court's grant of authority to administer an estate, and after it issues only the personal representative it is issued to can act for the estate.
- Where several people have equal priority, such as several children, the Court may grant authority to administer the estate to one or more of them.
- With no will, the Court follows a priority list that starts with a surviving spouse or adult interdependent partner, then a child.
- A grant must not be given to more than 3 persons at the same time, and people ranking higher on the list must renounce first.