How to Get a Copy of a Grant of Probate in Alberta

Executors lose papers, and beneficiaries sometimes need proof that a grant was issued. The good news is that a grant is a court document, so the court file is where the record lives.

This article explains where to look, how a file search works, and where a copy matters most, such as transferring a home. Exact steps and copy fees can vary, so confirm them with the court clerk.

This article covers the law of Alberta.

Why you might need the grant again

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. Where there is no will, or the named executor does not act, a grant of administration is used instead. Anyone claiming to administer an estate should have a grant or the will, and third parties may reasonably ask to see it first.

A grant is not always required. A named executor is a personal representative even before any grant is issued, and the Estate Administration Act contemplates a named personal representative who acts without applying for a grant, as long as the required notices are given. Whether you need the grant itself depends on the asset and who holds it.

Banks and other holders set their own policies, because no statute fixes a balance threshold. For tax purposes, the CRA asks the legal representative for a death certificate or funeral director's statement plus a legal document naming the executor, such as the will, grant of probate or letters of administration.

Find out where the court file is held

Surrogate matters are heard in the Court of King's Bench. The application must be filed 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, it may have been filed at the judicial centre closest to the deceased's Alberta property.

That centre is the place to start. Check your own records first, because the people involved may already hold what you need.

• The lawyer or person who filed the application, if one helped.
• Your copy of the notice of grant issuing (Form GA7), which must be served within 30 days after a grant is issued.
• Papers sent to you as a beneficiary or family member, which were served as part of the application.

Searching or inspecting the Surrogate court file

Conducting a search or inspecting a file costs $25. Contact the Court of King's Bench at the relevant judicial centre and ask how to request a search and how to order a certified copy of the grant. Fees for certified copies and the exact request process are worth confirming with the clerk before you go.

Have the deceased's full name, the date of death and the approximate date of the application ready. That helps the clerk locate the file.

For applications filed on or after June 15, 2022, the forms are the GA series, and Form GA1 is always required on a grant application. The original will and any original codicils must be attached to the application. If the application was filed before that date, the file may look different, so it is worth asking the clerk what to expect.

Where a copy matters: land and foreign grants

If the registered owner of a home was a sole owner or 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 from the Surrogate Court of Alberta, and a notarized copy is unacceptable. A grant is therefore needed to sell or transfer such a home.

There is an exception. A surviving joint tenant does not need a grant to be put on title, and instead uses the Statutory Declaration regarding Proof of Death with a death certificate or comparable document.

A grant issued in another jurisdiction must be re-sealed by the Surrogate Court of Alberta before Land Titles will accept it for land. A resealed foreign grant has the same effect in Alberta as an Alberta grant.

If a minor has an interest in the estate, land transfers need Public Trustee consent, and a recent certified appraisal is also required if the transfer affects the minor's gift. Review may take a week or more. Build that time into your plans.

What to do next

• Check your records and the lawyer's file for the grant or the GA7 notice.
• Identify the judicial centre where the application was filed.
• Contact that court about a file search ($25) and a certified copy.
• Tell the bank, Land Titles or CRA which document they require before you order.
• If the grant came from another jurisdiction, ask about resealing in Alberta.
• Speak with a lawyer if the file cannot be found or someone disputes your authority.

Frequently asked questions