Alberta Probate When the Deceased Lived Elsewhere: Resealing Grants

Someone has died while living in another province or country, but they owned a house, land or other property in Alberta. The executor named in the will, or the person managing the estate, now has a grant from the other place. The question is whether that is enough in Alberta.

For land, it generally is not. This article explains the two ways a foreign estate can be brought under Alberta court authority, where to apply, what it costs, what a bond is, and when no grant is needed at all. Every estate is different, so a lawyer can confirm the steps for yours.

This article covers the law of Alberta.

Resealing versus an ancillary grant

A grant is the court document that confirms who has authority to deal with an estate. A grant of probate is used where there is a will, and it asks the Court to confirm that the person named in the will has authority to administer the estate. When the grant was issued somewhere else, Alberta has two routes.

• Resealing: a foreign grant that is resealed has the same effect in Alberta as an Alberta grant.
• Ancillary grant: this covers only Alberta property and debts. It applies where the deceased was not an Alberta resident and the foreign jurisdiction is not listed in section 18(1) of the Estate Administration Act.

Which route applies depends on where the grant came from, and whether that place is listed in section 18(1). A lawyer can check that for you, since it turns on the specific jurisdiction.

Why land is where this usually matters

Land Titles will not accept a grant issued in another jurisdiction until the Surrogate Court of Alberta has resealed it. Where the registered owner was a sole owner or a tenant in common, the personal representative applies to Land Titles for transmission using the Application for transmission to personal representative form. That application needs an original filed copy of the grant from the Surrogate Court of Alberta, and a notarized copy is unacceptable. In practical terms, a grant is needed to sell or transfer such a home.

Other holders of property, such as banks, set their own policies. Alberta.ca says anyone claiming to administer an estate should have a grant or the will, and it is reasonable for third parties to ask to see it. No statute fixes a balance below which a grant is not needed. If a minor has an interest in an estate, a land transfer also needs Public Trustee consent.

Where and how to apply, and what it costs

Surrogate matters are heard in the Court of King's Bench. Usually an application is filed at the judicial centre nearest by road to where the deceased lived. If the deceased lived outside Alberta, the application may instead be filed at the judicial centre closest to the deceased's Alberta property.

Form GA1 is always required on a grant application, and other forms are required depending on the circumstances. An individual without a lawyer can use the Surrogate Digital Service only if they are an Alberta resident and one of the applicants. Paper applications are also accepted from self-represented people.

The court fee for issuing or resealing a grant depends on the net value of the deceased's property in Alberta.

Alberta has no percentage probate tax. The fee is a flat tiered amount that tops out at $525 however large the estate. Confirm the current amounts on alberta.ca before you file, as fees can change. Some other steps carry separate fees, such as $300 for filing a caveat or for documents that require the opening of a court file.

The bond for a non-resident personal representative

A bond is a form of security that protects the estate if a personal representative mishandles it. A grant must not issue unless the applicant has given a bond or other security as the Rules require. If the personal representative lives in Alberta, no bond is needed.

A personal representative who lives outside Alberta must provide a bond or other court-approved security, but no bond is needed if one of two or more personal representatives lives in Alberta. Where a bond is required, the amount equals the gross value of the deceased's Alberta property, and the bond must come from an insurer licensed for fidelity insurance. A non-resident can apply to dispense with, reduce or substitute the security under Rules 29 to 31. Whether the court agrees depends on the facts of your situation, so this is a good point to ask a lawyer.

When no grant is needed, and what to do next

If the home was owned in joint tenancy, a grant is not needed to put it in the surviving owner's name. The survivor uses the Statutory Declaration regarding Proof of Death with the original or notarized copy of a Vital Statistics, Medical Examiner's, funeral director's or cremation certificate, or a comparable document if the death occurred outside Alberta.

Filing a grant application is not, by itself, intermeddling in the estate. Before a grant issues, any person may apply to restrain intermeddling, so avoid selling or moving Alberta assets until your authority is in place. Steps to take:

• Find out how each Alberta asset is held: sole name, tenants in common, or joint tenancy.
• Gather the foreign grant, the will and a death certificate, and ask a lawyer which documents the Alberta court will need for your situation.
• Identify the Alberta judicial centre closest to the Alberta property.
• Work out the net and gross value of the Alberta property to estimate the fee and the bond.
• Ask a lawyer whether resealing or an ancillary grant applies and whether to seek a reduced bond.
• Check current fees on alberta.ca before filing.

Frequently asked questions