- Form GA1, the Grant Application, is always required, and the other GA forms depend on your circumstances.
- The original will and any original codicils must be attached to the application.
- Service and filing deadlines run for 30 days after key steps, so keep track of the dates.
If you are named as executor in a will, the paperwork for a probate application can look like alphabet soup. Alberta uses a numbered series of Surrogate Rules forms, and which ones you need depends on the will and on who the beneficiaries are.
This article walks through the forms in the order most executors meet them, what must be attached, and the deadlines that follow filing. It is general information, and a lawyer can confirm what your file needs.
This article covers the law of Alberta.
Start with the GA1 and the right court location
A grant of probate is a request asking the Court to confirm that the person named in the will has authority to administer the estate. Surrogate matters are heard in the Court of King's Bench, and a non-contentious application can be made online through the Surrogate Digital Service (SDS) or on paper using the GA forms starting with GA1.
Form GA1, the Grant Application, is always required. The forms in use for applications filed on or after June 15, 2022 are the GA series, so older materials that mention NC forms are out of date.
File 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 forms that go with the application
| Form | What it is | When it is used |
|---|---|---|
| GA1 | Grant Application | Always |
| GA2 | Inventory | Served with the notice of application |
| GA3 | Notice to Beneficiaries and Other Interested Parties | Served on listed persons |
| GA4 | Notice to the Public Trustee | Where the Public Trustee must be notified |
| GA8 | Affidavit of Witness to a Will | Proves the will-signing formalities |
| GA9 | Affidavit of Handwriting | Holograph will, or a witness cannot be found |
| GA10 | Affidavit Verifying Translation | Will not in English or French |
Other supporting forms exist for particular situations: GA11 Renunciation, GA12 Reservation of Right to Apply, GA13 Nomination, and GA14 Beneficiary's Consent to Waive or Reduce Bond. Forms such as GA8 to GA14 are required only depending on the circumstances.
What must be attached and who signs
- The original will and any original codicils must be attached to the grant application.
- Any document incorporated by reference into the will must also be filed.
- A witness to the will normally proves the signing formalities in a GA8 affidavit, with the original will as an exhibit.
- For a holograph will, or where a witness cannot be found, a GA9 affidavit of handwriting proves the deceased's handwriting.
- If both witnesses are dead or unable to swear, a GA9 or an affidavit from another qualified person may be used.
An individual without a lawyer can use SDS only if they are an Alberta resident and one of the applicants, and paper applications are also accepted for self-represented people. Lawyers and legal assistants who are Law Society of Alberta members must use SDS for applications it can process. The court has said that after a new SDS feature release, paper applications are accepted for a two-week grace period, after which a clerk may reject paper applications that could have been filed on SDS.
Serving notice and the deadlines after filing
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 those notice requirements have been met, though the Court may dispense with service on someone who could not be found after reasonable inquiry.
An affidavit of service in Form GA5 must be filed within 30 days after service is effected. After the grant issues, the notice of grant issuing in Form GA7 must be served within 30 days. Where a minor is a beneficiary, the Public Trustee must review the application, and you submit a copy with a GA4 notice.
If the grant requires a bond, that is a separate step. A personal representative who lives in Alberta generally does not need one, while a non-resident must provide a bond or other court-approved security.
What to do next
- Locate the original will and any original codicils.
- Confirm the judicial centre where you should file.
- List the beneficiaries, family members and any minors or represented adults, since they affect who is served.
- Decide whether you will use SDS or paper, and check whether you qualify for SDS.
- Calendar the 30-day deadlines for the GA5 and the GA7 once dates are known.
- Ask a lawyer to review the file if the will is handwritten, in another language, or contested.
Frequently asked questions
Do I need every GA form?
No. Form GA1 is always required, and other forms such as GA8 to GA14 depend on the circumstances. A will that was witnessed in the usual way, for example, relies on the GA8 affidavit.
Can I file a photocopy of the will?
The original will and any original codicils must be attached to the application. Because court practice on how the original is delivered may change, confirm the current process with the court or a lawyer.
What if I live outside Alberta?
A non-resident personal representative must provide a bond or other court-approved security, and may apply to dispense with, reduce or substitute it. The bond amount equals the gross value of the deceased's Alberta property.
Do I always need a grant at all?
Not always. A named personal representative may act without a grant but must give the required notices, and third parties may reasonably ask to see a grant or the will first.
Sources
- Alberta.ca – Deceased persons' estates (Office of the Public Guardian and Trustee) — alberta.ca
- Estate Administration Act, s. 10 — kings-printer.alberta.ca
- Alberta.ca – Surrogate applications — alberta.ca
- Surrogate Rules, Alta Reg 130/1995, Rule 6 — kings-printer.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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