- An individual without a lawyer can use the Surrogate Digital Service only if they are an Alberta resident and one of the applicants, and paper applications are also accepted for self-represented people.
- The GA1 Grant Application is always required, and the original will must be attached.
- Service on beneficiaries and the Public Trustee comes with deadlines: 30 days for the GA5 affidavit of service and 30 days for the GA7 notice of grant issuing.
Many executors and family members wonder whether they must hire a lawyer to get a grant of probate. In Alberta, you can apply without a lawyer in a straightforward case, on paper using the GA forms or online through the Surrogate Digital Service, which you can use on your own only if you are an Alberta resident and one of the applicants. Whether that makes sense depends on the estate and your comfort with court paperwork.
This article walks through who can use the Surrogate Digital Service (SDS), where to file, which forms matter most, and what you must do after filing. It is general information, not advice for your situation.
This article covers the law of Alberta.
Who can use the Surrogate Digital Service
Surrogate matters are heard in the Court of King's Bench. Non-contentious applications, such as probate, administration and trusteeship of a minor's property, can be made online through SDS or on paper using the GA forms starting with GA1.
An individual without a lawyer can use SDS only if they are an Alberta resident and one of the applicants. Paper applications are also accepted for self-represented people.
Lawyers and legal assistants who are Law Society of Alberta members must use SDS for all applications it can process. A paper filing from them needs a GA1 Submission Eligibility Form explaining why SDS cannot process the application.
SDS takes only some application types. For example, limited grants, bonds and a minor testator are not accepted, so a more complicated estate may need a different route or legal help.
Where to file your application
The application must be filed at the judicial centre nearest by road to where the deceased lived on the date of death, unless the court allows otherwise.
If the deceased lived outside Alberta, the application may be filed at the judicial centre closest to the deceased's Alberta property.
The main forms and the original will
Applications filed on or after June 15, 2022 use the GA series. Older material that refers to NC forms is out of date.
| Form | What it is |
|---|---|
| GA1 | Grant Application |
| GA2 | Inventory |
| GA3 | Notice to Beneficiaries and Other Interested Parties |
| GA4 | Notice to the Public Trustee |
| GA5 | Affidavit of Service |
| GA7 | Notice of Grant Issuing |
Form GA1 is always required on a grant application. Other forms, such as GA8 to GA14, are required depending on the circumstances.
The original will and any original codicils must be attached to the application, and any document incorporated by reference into the will must also be filed. A witness generally proves the will-signing formalities by a GA8 affidavit with the original will as an exhibit. A will not in English or French needs a translation affidavit in Form GA10.
Service, the Public Trustee and deadlines
The notice of application must be served with the GA1 and a GA2 inventory on residuary beneficiaries, intestacy beneficiaries, and the persons listed in section 11 of the Estate Administration Act. A grant must not be issued unless the Court is satisfied these notice requirements are met, though the Court may dispense with service on someone who could not be found after reasonable inquiry.
Where a minor is a beneficiary, the Public Trustee must review the application, and you must submit a copy of it with a GA4 Notice to Public Trustee. Where a represented adult is a beneficiary, you serve the trustee, not the adult.
- File the GA5 affidavit of service within 30 days after the date service is effected.
- Serve the GA7 notice of grant issuing within 30 days after the grant is issued.
Help for self-represented applicants and next steps
The Surrogate Rules and Forms Package (dated May 12, 2025) is a user's guide to grant applications, suited to simple applications that individuals file themselves, and it can be ordered from the King's Printer. The SDS Clerk Review Guidelines list the main items the clerk checks, which can help you avoid delays.
- Confirm you are an Alberta resident and one of the applicants if you want to use SDS.
- Locate the original will and any codicils.
- Identify the right judicial centre.
- List beneficiaries and family members who must be served, and check whether the Public Trustee must receive notice.
- Read the Clerk Review Guidelines before filing.
- Check alberta.ca for current fees and forms.
No official processing time is published, so avoid making firm plans around a date. If the estate has a minor beneficiary, a non-resident executor, a disputed will or other complications, a lawyer can confirm the right approach.
Frequently asked questions
Can I file on paper instead of using SDS?
Yes, if you are self-represented. Paper applications are accepted for self-represented people. Lawyers and legal assistants, however, must use SDS for applications it can process.
Do I need to attach the original will?
Yes. The original will and any original codicils must be attached to the grant application.
How long will the grant take?
No official processing time is published, and it depends on the file. Complete forms and correct service help avoid delays, and the SDS Clerk Review Guidelines list what the clerk checks.
What happens after the grant is issued?
You must serve the GA7 notice of grant issuing within 30 days after the grant is issued. The GA5 affidavit of service is due within 30 days after service is effected.
Sources
- Alberta.ca – Surrogate applications — alberta.ca
- Surrogate Rules, Alta Reg 130/1995, Rule 6 — kings-printer.alberta.ca
- Estate Administration Act, s. 11 — kings-printer.alberta.ca
- Alberta.ca – Deceased persons' estates — alberta.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
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