Documents Needed to Apply for a Grant of Probate in Alberta

If you have been named executor, you apply for a grant of probate, and if there is no will or the executor does not act, someone such as a family member may ask the court for a grant of administration. It helps to know what paperwork to gather before you sit down with the forms.

This article walks through the forms and supporting documents that Alberta's guidance points to, and the situations that add extra steps. Every estate is different, so treat this as a starting checklist and not a complete list.

This article covers the law of Alberta.

Which grant are you applying for?

With a will, the named executor applies for a grant of probate. Without a will, or if the executor does not act, someone such as a family member may ask the court for a grant of administration.

If there is no will, the Wills and Succession Act sets out how the estate is distributed, and the Estate Administration Act sets who has priority to apply for a grant of administration. The documents you need will differ a little depending on which route applies.

Not every asset needs a grant. Property passing by beneficiary designation or joint ownership may fall outside the estate, so administration may not be needed for it.

The forms

Grant applications can be made online through the Surrogate Digital Service (SDS) or on paper using GA forms, starting with the GA1. Lawyers must use SDS where it can process the application.

To use SDS online, you must be an Alberta resident and one of the applicants. That residency requirement applies to the online service and does not apply to paper applications.

Other forms may follow the application. Once the court issues a grant, the applicant must serve a notice of grant issuing (Form GA7) within 30 days after the grant is issued, on the people listed in Form GA1. If a minor is a beneficiary, a GA4 Notice to Public Trustee is also needed.

Supporting documents to gather

• The will, if there is one. Alberta has no will registry, so it may be in a locked cabinet, a safe, a bank safety deposit box, or with a lawyer.
• A death certificate, if your application requires proof of death. A certificate cannot be issued until the death is registered.
• Details of the estate's assets and liabilities, since identifying them is one of the personal representative's main tasks.
• A list of the people who must be served with the grant application and a notice of family members' rights. A grant must not be issued unless the Court is satisfied this was done, although a spouse or adult interdependent partner who is the sole beneficiary need not get the family-member rights notice.
• For a minor beneficiary, the grant application and the GA4 Notice to Public Trustee to send to the Office of the Public Guardian and Trustee.

Your lawyer can confirm whether other affidavits or supporting records are needed for your particular application.

Getting a death certificate

The funeral home usually completes the Registration of Death form and registers the death when arrangements are made. To order certificates, complete the Application for Death Documents (form DVS11164D) and take it with acceptable ID and eligibility documents to a registry agent. Applications sent directly to Vital Statistics will not be processed.

The government fee is $20 per document, and registry agents charge additional service fees that vary. A complete and correct application is processed within 3 business days of receipt if the death is registered, not counting mailing time.

An executor, personal representative or administrator named in the will can apply, with a copy of the will. Next of kin, a funeral home representative and a lawyer for an eligible person can also apply. A death certificate is a certified extract from the Registration of Death, and it is different from a photocopy of the Medical Certificate of Death, which shows the medical cause of death.

What to do next

• Locate the will. If you cannot find it, the Law Society of Alberta takes Lost Wills Inquiry Requests from the public or a lawyer.
• Order death certificates through a registry agent once the death is registered, since a certificate cannot be issued before then.
• List the assets, debts and people who may need notice.
• Decide whether to apply online through SDS or on paper.
• Speak with a lawyer to confirm the full document list for your estate before filing.

Frequently asked questions