- Alberta allows individuals without a lawyer to apply online through the Surrogate Digital Service if they are Alberta residents and one of the applicants, and paper applications starting with Form GA1 are also accepted.
- After a grant issues, no one other than the personal representative it is issued to has authority to act for the estate.
- Notice, service and bond requirements have deadlines and conditions, which is where legal advice is most useful.
When someone dies without a will, a family member usually steps forward to deal with the estate. You may wonder whether you must hire a lawyer, or whether you can manage the paperwork yourself.
Alberta does not make a lawyer mandatory for individuals in the sources reviewed here, but the process is formal and has deadlines. This article walks through what you can generally do yourself, what the Court requires, and where mistakes become expensive.
This article covers the law of Alberta.
Who can apply
When there is no will, the Estate Administration Act sets an order of priority to apply for a grant. It begins with a surviving spouse or adult interdependent partner, then a child, grandchild, other descendant, parent, and brother or sister, and continues to more distant people and finally the Crown in right of Alberta.
Before a grant issues to an applicant, people who rank higher must renounce. Those entitled may also nominate someone to administer the estate, using Form GA13 Nomination, and Form GA11 is the Renunciation. A grant of administration must not be given to more than 3 persons at the same time. Between equal applicants, preference is generally given to a resident of Alberta unless the Court rules otherwise.
What you can generally do yourself
Individuals without a lawyer can apply online through the Surrogate Digital Service if they are an Alberta resident and one of the applicants. Paper applications using the GA forms, starting with Form GA1 Grant Application, are also accepted. Online submissions receive the same Court review as paper ones.
- Gathering information about the deceased, the family and the assets.
- Completing Form GA1 and the other forms your circumstances require.
- Preparing the Form GA2 Inventory that goes with service.
- Reading the Court's SDS Clerk Review Guidelines before you submit, to avoid delays.
Steps the Court requires
| Step | Requirement |
|---|---|
| Serve the application | Serve Form GA1 with a Form GA2 Inventory on beneficiaries on intestacy and persons required under s. 11 of the Estate Administration Act |
| Notice to Public Trustee | Give Form GA4 notice where circumstances require |
| Proof of service | File an affidavit of service (GA5) within 30 days after service |
| Clerk search | No grant issues until the clerk has searched for other applications or wills, unless the court orders otherwise |
| Notice of grant | Give notice in Form GA7 within 30 days after the grant issues |
No grant shall issue unless the applicant has given a bond or other security under the Rules. No bond is required where the personal representative is resident in Alberta, while a non-resident must provide security approved by the court and may apply to dispense with or reduce it.
Where mistakes cause trouble
After a grant issues, no one other than the personal representative has authority to act for the estate. How this applies to anything you do before a grant issues depends on your situation, so it is worth confirming with a lawyer before you deal with any property. A grant can also be limited to certain property, a time period or a purpose, and the Court may attach conditions that must be set out in the grant. Whether and how you could be personally responsible for a mistake depends on the facts, and a lawyer can explain that risk.
SDS can only process Part 1 applications and will reject one if a Justice requires formal proof by Chambers application. Estates with a disputed family relationship, a missing relative or a minor beneficiary are more likely to need legal help. Where a minor is interested, the Public Trustee must be served.
Deciding what to do next
- Confirm there is no will, because the Court clerk searches for wills before issuing a grant.
- Work out where you sit in the priority list and whether anyone higher must renounce.
- List the beneficiaries on intestacy, including any minors.
- Decide whether the estate is simple enough to complete the forms yourself.
- Ask a lawyer for a review of your forms or a limited-scope discussion if anything is unclear or contested.
Frequently asked questions
Is a lawyer legally required to apply for a grant?
The Alberta.ca information says individuals without a lawyer may apply online if they are an Alberta resident and one of the applicants, and paper applications are also accepted. Whether you should hire one depends on how complicated the estate is.
How long does it take to get a grant?
No official processing time is set out here. Check the Court's SDS Clerk Review Guidelines and your local Surrogate Clerks' Office, since incomplete applications can cause delays.
Do I need to post a bond?
No bond is required where the personal representative is resident in Alberta. A non-resident must provide a bond or other security approved by the court, and may apply to dispense with or reduce it.
Can my siblings and I all apply together?
Yes, up to a limit. A grant of administration must not be given to more than 3 persons at the same time, and the Court may choose among people with equal priority.
Sources
- Estate Administration Act, ss. 1(f), 36 — kings-printer.alberta.ca
- Surrogate Rules, Alta Reg 130/1995, rule 33(1); Estate Administration Act s. 13(4) — kings-printer.alberta.ca
- Alberta.ca Surrogate applications; Surrogate Rules rule 13(1) — alberta.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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