Notice Requirements in an Alberta Probate Application Explained

Applying for a grant in Alberta involves more than filing forms. Notice steps run both before and after the court issues the grant, and each has its own timing.

This article explains the notice stages, who is served, and how to deal with people you cannot locate. The details of proof of service and any special orders vary by case, so a lawyer can confirm them for you.

This article covers the law of Alberta.

Stage one: notice of the application

Estate Administration Act s. 11 requires the applicant to serve the grant application and a Wills and Succession Act Part 5 notice of family members' rights on listed persons. The Court will not issue a grant unless it is satisfied that s. 11 was complied with.

Plan your notices before you file, so the Court can be satisfied when it reviews the application. You can apply online through the Surrogate Digital Service or on paper starting with Form GA1.

Who applies depends on whether there is a will. 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. The Public Trustee cannot help with grant applications. Using the online service requires you to be an Alberta resident and one of the applicants, and that requirement does not apply to paper applications.

Stage two: notice of grant issuing

Under Surrogate Rules s. 26.1(1), 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. Put the date the grant is issued in your calendar as soon as you receive it.

Serving this notice is one part of a longer job. Alberta's guidance lists the personal representative's main tasks as identifying the estate's assets and liabilities, administering and managing the estate, satisfying debts and obligations if there are funds, and distributing the estate and accounting for it. The Estate Administration Act requires the estate to be distributed 'as soon as practicable' but sets no fixed deadline for completing administration.

Before distributing cash or assets, the CRA says to apply for a clearance certificate so the representative knows whether tax is still owing. The six-month window for dependant claims also affects when an estate can safely be distributed.

Who gets what

Two points are easy to miss. A spouse or partner who is the sole beneficiary need not get the family-member rights notice, but one who is not the sole beneficiary must also get a Family Property Act notice unless the Court dispenses with it. If a minor is a beneficiary, land transfers also need Public Trustee consent, and review may take a week or more. It helps to build that extra time into your plan.

People who cannot be found

Service may be excused for someone who cannot be found after reasonable inquiry. What counts as reasonable inquiry depends on the circumstances, so keep a written record of each attempt, such as calls, letters and searches.

Proof of service and the exact way to serve each person are steps your lawyer can confirm, because they depend on who is being served and how.

If you are a family member and doubt who is administering an estate, you can contact the Court of King's Bench nearest where the deceased lived to ask whether any grants were issued. A fee may apply.

Why notice matters later

Notice protects the process. If a personal representative fails to give required notice or perform a duty, the Court may order compliance, impose conditions, remove the representative, or revoke the grant.

Notice also connects to timing for claims. A dependant's maintenance and support application must be commenced within 6 months after the grant is issued. The Court may allow one after that for any part of the estate not yet distributed.

Accounting is part of the job too. A personal representative must comply with the Rules regarding accounting, and the tasks listed include preparing financial statements and a proposed final distribution schedule. If administration drags on, the Court's power to order compliance is the route for beneficiaries.

What to do next

• Identify everyone who must be served with the application and the Part 5 notice, and everyone listed in Form GA1 who must receive the notice of grant issuing.
• Prepare the Part 5 family members' rights notice with the application.
• Check for minors and prepare the GA4 notice if needed.
• Record every effort to locate anyone you cannot find.
• Diary the 30-day deadline to serve Form GA7 once the grant is issued.
• Speak with a lawyer about proof of service and any unusual circumstances.

Frequently asked questions