- The applicant must serve the grant application and a notice of family members' rights on listed persons, and the Court will not issue a grant unless satisfied this was done.
- Spouses, partners and minor beneficiaries can trigger extra notice steps.
- After the grant issues, a notice of grant issuing (Form GA7) must be served within 30 days.
Yes, in Alberta notice to certain people is part of the application itself. As an executor or applicant, you cannot simply file and wait.
This article explains who gets notice, the extra steps for spouses and minors, and what can follow if someone is missed. Exactly who is on the list depends on the family and the will, so a lawyer can confirm it for your estate.
This article covers the law of Alberta.
The basic notice requirement
The Estate Administration Act requires the applicant to serve the grant application and a Wills and Succession Act Part 5 notice of family members' rights on listed persons. A grant must not be issued unless the Court is satisfied this requirement was met.
Without a will, the Wills and Succession Act sets out who inherits, which helps you identify the heirs.
Who needs what
| Person | What applies |
|---|---|
| Spouse or adult interdependent partner who is the sole beneficiary | Need not get the family-member rights notice |
| Spouse or partner who is not the sole beneficiary | Must also get a Family Property Act notice unless the Court dispenses with it |
| Minor beneficiary | If a minor is a beneficiary, send the grant application and a GA4 Notice to Public Trustee to the Office of the Public Guardian and Trustee |
| Someone who cannot be found | Service may be excused after reasonable inquiry |
If there is no will, how much a spouse receives depends on the family. With no descendants, the spouse or adult interdependent partner takes the entire intestate estate. If all of the deceased's descendants are also the spouse's, the spouse also takes it all. If any descendant is not also the spouse's, the spouse receives the greater of the prescribed amount or 50% of the net value of the intestate estate, and the residue goes to the descendants.
Notice after the grant is issued
Once the court issues a grant, the applicant must serve a notice of grant issuing (Form GA7) within 30 days after it is issued, on the people listed in Form GA1.
Timing matters after that too. A dependant's maintenance and support application must be commenced within 6 months after the grant is issued, which affects when you can safely distribute. The Court may allow a later application for any part of the estate not yet distributed.
What happens if someone is missed
Missing a required notice is serious, because the Court must be satisfied that the notice requirement was met before it issues a grant. If the Court finds a personal representative failed to give required notice or perform a duty, it may order compliance, impose conditions, remove the representative, or revoke the grant.
If you cannot locate someone, do not simply skip them. Service may be excused for a person who cannot be found after reasonable inquiry, so keep a record of what you tried.
What to do next
- List every beneficiary, heir, spouse or partner, and any minor.
- Confirm with a lawyer who must be served for your estate.
- Serve the application and the family-members' rights notice before the grant is issued.
- Serve the GA7 within 30 days after the grant issues.
- Keep records of every attempt to find or serve each person.
Frequently asked questions
Do I have to notify beneficiaries of a probate application?
The applicant must serve the grant application and a notice of family members' rights on listed persons. The Court will not issue a grant unless satisfied this was done.
Does a spouse who is the only beneficiary need the notice?
A spouse or adult interdependent partner who is the sole beneficiary need not get the family-member rights notice. A spouse who is not the sole beneficiary must also get a Family Property Act notice unless the Court dispenses with it.
What if a beneficiary is a minor?
If a minor is a beneficiary, the personal representative must send the grant application and a GA4 Notice to Public Trustee to the Office of the Public Guardian and Trustee. When a minor is a beneficiary, land transfers also need Public Trustee consent, and the review may take a week or more.
What if I cannot find an heir?
Service may be excused for someone who cannot be found after reasonable inquiry. Keep a record of your efforts and ask a lawyer how to proceed.
Sources
- Government of Alberta – Wills in Alberta — alberta.ca
- Wills and Succession Act (King's Printer) — kings-printer.alberta.ca
- Estate Administration Act (King's Printer) — kings-printer.alberta.ca
- Surrogate Rules (King's Printer) — kings-printer.alberta.ca
- Government of Alberta – Deceased persons' estates — 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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