Can an Executor Live Outside Alberta and Still Act?

You may have been named executor of a parent's or relative's estate, but live in another province or another country. It is natural to wonder whether that stops you from acting, or whether you must hand the job to someone in Alberta.

Alberta's rules do deal with non-resident personal representatives, mainly through security requirements. This article explains how those work, the options that can reduce the burden, and what to confirm with a lawyer before you start.

This article covers the law of Alberta.

When Alberta law applies

The Estate Administration Act applies if the deceased was an Alberta resident or owned Alberta property at death, or if the Court finds a grant necessary. So an executor living elsewhere may still need to deal with Alberta courts when the person who died lived here or left property here.

A grant of probate confirms the executor named in a will. If there is no will, a grant of administration is requested from the court.

The bond or security requirement

A non-resident personal representative must provide a bond or other security approved by the court. The bond amount is the gross value of the Alberta property, less any amount the court orders deducted for the representative's own beneficial share. More generally, no grant issues without a bond or other security unless the Rules or another enactment provide otherwise.

The requirement has exceptions:

• No bond is needed if the personal representative is resident in Alberta.
• No bond is needed if one of two or more representatives is resident in Alberta.

This second exception is why some non-resident executors act jointly with a person who lives in Alberta. Whether that suits your situation depends on the will and on who is willing to serve.

Asking the court to waive or reduce the bond

A non-resident representative may apply in Form GA1 to dispense with the bond, approve other security or reduce the amount. The court acts after considering the interests of beneficiaries and claimants. Form GA14 is a beneficiary's consent to waive or reduce a bond.

A beneficiary can sign a GA14 consent to waive or reduce a bond, and the court acts after considering the interests of beneficiaries and claimants, so the outcome is for the court to decide. Separately, an interested person can seek a bond from a resident representative who is not named as executor in the will.

Other practical points for out-of-province executors

• Preference among applicants: where applicants have equal priority, residents are preferred, and the Court may choose among equal applicants.
• Online filing: Surrogate Digital Service is preferred for self-represented applicants, but they must be Alberta residents and one of the applicants. GA forms are used for paper applications filed on or after June 15, 2022.
• Death certificates: an executor named in the will can apply through an Alberta registry agent with a copy of the will attached. Applicants outside Alberta can mail the forms through Registry Connect or AMA, and applications sent directly to Vital Statistics are not processed.
• Declining the role: a named personal representative who does not wish or cannot apply may renounce in Form GA11 or by a method approved by the court, and loses authority, including trusteeship authority unless expressly reserved.

Whether you need a local agent or lawyer in Alberta to handle filings and banking depends on the facts and on the institutions involved, so it is worth confirming early.

If a grant was already issued elsewhere

If the deceased lived outside Alberta but left Alberta property, a grant from that other place may not need to be redone from scratch. The Court may reseal a foreign grant, giving it the same effect as an Alberta grant, subject to security requirements.

Where the deceased resided in a jurisdiction not covered by that resealing power, an ancillary grant is available for Alberta property, limited to Alberta property and debts. Which route applies depends on where the deceased lived, so a lawyer can confirm.

What to do next

• Confirm whether the deceased lived in Alberta or owned Alberta property.
• Find the original will and note where you and any co-executors live.
• Estimate the gross value of Alberta property, since it drives the bond amount.
• Ask whether a co-executor or a beneficiary consent could reduce or remove the bond.
• Speak to an Alberta lawyer about the grant application and any local help you need.

Frequently asked questions