Do You Need Probate in Alberta? When a Grant Is Required

After a death, one of the first questions is whether the estate has to go through Surrogate Court. The answer in Alberta is not a single yes or no. It depends on what the person owned, how they owned it, and who is holding those assets.

This article explains what a grant is, why value alone does not decide the question, which assets may not need one, and what to check first. It is general information, and a lawyer can confirm how it applies to your situation.

This article covers the law of Alberta.

What a grant is

A grant of probate is used where there is a will. It is a request asking the Court to confirm that the person named in the will has authority to administer the estate. A grant of administration is used where there is no will, or where the named executor does not act. In that case a family member or another party goes to court for authorization to settle the estate.

Surrogate matters are heard in the Court of King's Bench.

Does a small estate avoid probate?

No Alberta statute sets a balance threshold below which a grant is never needed. Banks and other holders set their own policies. Alberta.ca says anyone claiming to administer an estate should have a grant or the will, and that third parties may reasonably ask to see it first.

In practice, this means a low estate value does not automatically mean you can skip court. Ask each institution what it requires, and ask early, because the answer may differ from one holder to the next.

Assets that may not need a grant

• Jointly owned home: if the surviving owner was a joint tenant, no grant is needed to put the home in the survivor's name. Land Titles uses a Statutory Declaration regarding Proof of Death with a death certificate or a comparable document.
• Plan benefits with a named beneficiary: a participant may designate a person to receive a benefit payable under a plan on death, by signed instrument or will. Those benefits can pass to the named person outside the estate.
• Other assets: whether a grant is needed depends on the asset and who holds it.

Whether a particular account or policy really passes outside the estate depends on how it is set up, so check the paperwork or ask a lawyer.

When a grant is usually needed

If the registered owner of land was a sole owner or a tenant in common, you apply to Land Titles for transmission to the personal representative. That requires an original filed copy of the Grant of Probate or Letters of Administration. A notarized copy is unacceptable. So a grant is needed to sell or transfer that kind of home.

Can an executor act without a grant?

Under the Estate Administration Act, a representative named in a will is a personal representative whether or not a grant is issued. The Act also contemplates a named personal representative acting without applying for a grant.

There is a condition. That person must give notices to beneficiaries, family members, a spouse or adult interdependent partner, and the Public Trustee, in a way likely to bring them to the recipient's attention. The forms are NGA1 for beneficiaries, NGA2 for family members, NGA3 for spouses or adult interdependent partners, and NGA4 for the Public Trustee or other persons. The notice must identify the deceased, give the representative's name and contact information, and state that all gifts are subject to prior payment of the deceased's debts and other claims.

What to do next

• Find the original will, if there is one. Alberta has no will registry, so check a safe, a safety deposit box or a lawyer's office.
• List every asset and note how it is held: sole name, joint, or with a named beneficiary.
• Ask each bank or institution what it needs before it will release funds.
• Check whether any beneficiary is a minor, since the Public Trustee has a role in that case.
• Speak with a lawyer before acting if the estate has land, debts, or family disagreement.

Frequently asked questions