- A self-represented person can apply for a grant in Alberta on paper using the GA forms, or on the Surrogate Digital Service (SDS) if they are an Alberta resident and one of the applicants, though after a grace period following a new SDS feature release, a clerk may reject paper applications that could have been filed on SDS.
- The court fee is a flat tier that tops out at $525 for any estate with net Alberta property over $250,000, and Alberta has no percentage probate tax.
- The original will, the notices and the GA2 inventory are all part of a grant application, so prepare them before you file.
You have been named executor, or you are the family member who needs to administer an estate, and you want to know whether you can handle the court application yourself. Many people do, and the court system allows it.
This article explains what filing involves in Alberta, where people commonly run into trouble, and the situations where getting legal help is usually wise. It is general information, not advice on your particular estate.
This article covers the law of Alberta.
Is it allowed, and how do you file?
Surrogate matters are heard in the Court of King's Bench. Non-contentious applications, such as probate, administration or trusteeship of a minor's property, can be made online through the Surrogate Digital Service (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 from self-represented people. The court has also said that a clerk may reject paper applications that could have been filed on SDS after a grace period following a new SDS feature release.
The application goes to 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, it can be filed at the judicial centre closest to their Alberta property.
What the application involves
Form GA1, the Grant Application, is always required. Other forms depend on the circumstances. The original will and any original codicils must be attached, and any document incorporated by reference into the will must also be filed.
- GA2 Inventory of the estate
- GA3 Notice to Beneficiaries and Other Interested Parties, and GA4 Notice to the Public Trustee where needed
- GA5 Affidavit of Service, filed within 30 days after service is effected
- GA8 affidavit of a witness to the will, with the original will as an exhibit
- GA9 affidavit of handwriting for a holograph will or where a witness cannot be found
- GA10 translation affidavit if the will is not in English or French
After the grant issues, a notice of grant issuing (Form GA7) must be served within 30 days. Older materials that use NC forms are outdated, because the GA forms replaced them for applications filed on or after June 15, 2022.
What it costs in court fees
The fee to issue a grant depends on the net value of property in Alberta.
| Net Alberta property | Grant fee |
|---|---|
| $10,000 or less | $35 |
| Over $10,000 to $25,000 | $135 |
| Over $25,000 to $125,000 | $275 |
| Over $125,000 to $250,000 | $400 |
| Over $250,000 | $525 |
Alberta has no percentage probate tax. The fee is a flat tier that tops out at $525, however large the estate. Other fees can apply, such as $300 for a document that requires opening a court file, or $25 to search or inspect a file. Confirm current amounts on the Alberta government court fees page before filing.
Where self-represented applicants commonly go wrong
- Skipping or mis-serving notices. A grant must not issue unless the court is satisfied the notice requirements have been met, though it may dispense with service on someone who could not be found after reasonable inquiry.
- Missing the Public Trustee. Where a minor is a beneficiary, the Public Trustee must review the application and you must submit a GA4. For a represented adult, you serve the trustee, not the adult.
- Forgetting the bond. No bond is needed if the personal representative lives in Alberta, but a non-resident must provide a bond or other court-approved security.
- Not planning for creditors. Advertising for claimants has its own rules, and a personal representative may distribute considering only claims they have notice of.
- Overlooking a caveat. A caveat can delay a grant because no further steps can be taken on the application while it is in effect.
The court also publishes SDS Clerk Review Guidelines that list the main items the clerk checks, which can help you avoid delays.
When to get help, and what to do next
Doing it yourself tends to suit simple, uncontested estates. Getting advice is wise if there is a dispute or caveat, a minor or represented adult beneficiary, a non-resident executor, a will that is unclear or hard to prove, or if you are unsure about debts and taxes.
- Locate the original will and any codicils
- List the assets and debts for the GA2 inventory
- Identify everyone who must receive notice
- Decide whether SDS or paper filing applies to you
- Confirm the current court fee before filing
- Ask a lawyer about anything that looks contested or unusual
Frequently asked questions
Do I need a lawyer to get a grant of probate in Alberta?
The rules allow self-represented people to apply, online through SDS if they are an Alberta resident and an applicant, or on paper. Whether you should is a different question, and it depends on how complex the estate is.
Can I act as executor before the grant arrives?
A named executor is a personal representative even before any grant. A grant is not always required, but a named representative who acts without one must give the section 10 notices (Forms NGA1 to NGA4) to beneficiaries, family members, a spouse or adult interdependent partner, and the Public Trustee. Before a grant issues, any person may apply to restrain intermeddling, and third parties may reasonably ask to see the will or grant first. Filing the application is not by itself intermeddling.
How long does probate take in Alberta?
No statute fixes a timeline for a grant. It depends on the court's review, how complete your application is and whether anyone objects, so it is worth asking a lawyer about your situation.
Is there a deadline to distribute the estate?
The Estate Administration Act says the estate must be distributed as soon as practicable but sets no fixed deadline. Distribution is usually done after claims have been dealt with.
Sources
- Estate Administration Act, SA 2014, c E-12.5 (King's Printer) — kings-printer.alberta.ca
- Surrogate Rules, Alta Reg 130/1995 (King's Printer) — kings-printer.alberta.ca
- Alberta.ca – Deceased persons' estates — alberta.ca
- Alberta.ca – Court fees (Surrogate Matters, Court of King's Bench) — alberta.ca
- Alberta.ca – Surrogate applications — alberta.ca
- Court of King's Bench – Updated requirement to use the SDS — albertacourts.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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