- Alberta's Estate Administration Act ranks who may apply for a grant when there is no will, from the spouse or partner down to the Crown.
- Equal-ranked applicants are sorted by residency, and a competing spouse or partner by who lived with the deceased most recently.
- Where several people share a rank, such as multiple children, the Court may choose one or more of them.
When a parent or relative dies without a will, several family members often want to take charge, or each assumes someone else will. Alberta has a set order that decides who has the first right to apply.
This article sets out that list, explains how ties are handled, and describes what you can do when people of the same rank disagree.
This article covers the law of Alberta.
The priority list
Under s. 13(1)(b) of the Estate Administration Act, where there is no will, priority to apply for a grant runs in this order:
| Rank | Who |
|---|---|
| (i) | Surviving spouse or adult interdependent partner |
| (ii) | Child |
| (iii) | Grandchild |
| (iv) | Other descendant |
| (v) | Parent |
| (vi) | Brother or sister |
| (vii) | Child of a brother or sister who is a beneficiary |
| (viii) | Next of kin who are beneficiaries |
| (ix) | Person with an interest because of a relationship with the deceased |
| (x) | A claimant |
| (xi) | The Crown in right of Alberta |
This list is set out in the Act. Before a grant issues to an applicant, those ranking higher must renounce.
A grant is the Court's authority to administer an estate. Once it issues, no one other than the personal representative it was issued to has authority to act for the estate. The Act applies where the person who died was a resident of Alberta on the date of death, or owned property in Alberta.
Who counts as a partner
An adult interdependent partner ranks alongside a spouse. Generally, that means living together in a relationship of interdependence for at least 3 years, or in a relationship of some permanence if there is a child of the relationship, or having signed an adult interdependent partner agreement. Living together alone is not the test. Separated partners may no longer qualify, for example after living separate and apart for more than one year with intent that the relationship not continue.
When people of equal rank disagree
The Act has tie-breakers for these situations:
- Between equally ranked applicants, preference is given to a resident of Alberta, unless the Court on application rules otherwise.
- Between competing spouses or partners, preference goes to the one who lived with the deceased immediately or most recently before death.
- Where two or more people have equal priority by degree of kinship, such as several children, the Court may grant authority to one or more of them as it considers appropriate.
A grant must not be given to more than 3 people at once.
Nominations, renunciations and disputes
Those entitled can nominate a person to administer the estate, using Form GA13 Nomination, and a person stepping aside can use Form GA11 Renunciation. Often siblings agree that one will act and the others sign these forms.
An applicant files Form GA1 (Grant Application) and any other forms the circumstances require. Individuals without a lawyer can apply online through the Surrogate Digital Service if they are Alberta residents and one of the applicants, and paper applications starting with GA1 are also accepted. No grant is issued until the clerk has completed a search for other applications or wills, unless the court orders otherwise.
No grant issues unless security has been given under the Rules, but 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.
If agreement is not possible, the matter may become a contested one. Parties can apply for a Surrogate Case Conference once a Statement of Claim or Form C1 is filed. If a one-hour conference lacks consent, any party can apply to the Surrogate Clerks' Office to be heard in morning chambers. In special circumstances the Court may issue a grant to the Public Trustee or another suitable person.
What to do next
- Find your rank on the list and identify anyone ranked above you.
- Talk with relatives of equal rank early and try to agree on who will act.
- Use the nomination and renunciation forms to record that agreement.
- Remember that the application and an inventory must be served on beneficiaries on intestacy, with an affidavit of service filed within 30 days after service.
- Once a grant issues, give notice of it in Form GA7 within 30 days.
- Get legal advice before applying if there is a disagreement, a competing partner, or a child from another relationship.
How long a grant takes depends on the application and the Court's review, so check the Court's published guidance or the Surrogate Clerks' Office for current information.
Frequently asked questions
Does the oldest child get priority?
The Act lists children as one rank and does not rank them by age. Where several children have equal priority, the Court may grant authority to one or more of them as it considers appropriate.
Can a lower-ranked person apply?
Yes, but people who rank higher must renounce first. A person entitled can also nominate someone to administer.
What if a spouse and a partner both claim priority?
Between competing spouses or partners of equal priority, preference goes to the one who lived with the deceased immediately or most recently before death. A person cannot have more than one adult interdependent partner at a time.
What if relatives cannot agree?
Where two or more relatives have equal priority by degree of kinship, the Court may grant authority to one or more of them as it considers appropriate. In contested estates, parties can apply for a Surrogate Case Conference once a Statement of Claim or Form C1 is filed. How a disagreement is resolved depends on your situation, so it is worth confirming with a lawyer.
Sources
- Adult Interdependent Relationships Act, s. 3(1)(a)(i) — kings-printer.alberta.ca
- 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
- Court of King's Bench of Alberta, Surrogate Case Conferences — albertacourts.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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