Probate vs. Grant of Administration in Alberta: Key Differences

The first question after a death is often whether there is a will. The answer decides which grant you apply for, and who has the right to apply.

This article compares the two grants side by side, covers who may apply, and explains how security requirements and limits differ. Your own situation may have wrinkles, so a lawyer can confirm the right route.

This article covers the law of Alberta.

What each grant is

A grant of probate is a request asking the Court to confirm that the person named in the will has authority to administer the estate. A grant of administration is used where there is no will, or the named executor does not act, and a family member or other party goes to court for authorization to settle the estate.

Under the Wills and Succession Act, a personal representative includes an executor, administrator or judicial trustee. A named executor is a personal representative even before any grant is issued.

Side-by-side comparison

Alberta has no percentage probate tax. The grant fee is a flat tiered amount that tops out at $525 for net Alberta property over $250,000, however large. Issuing a grant of administration of unadministered property costs $300 instead of the tiered fee.

Who may apply

With a will, the named personal representative has priority unless incapable or unwilling to act. Without a will, the order begins with the surviving spouse or adult interdependent partner, then child, grandchild, other descendant, parent, sibling, child of a sibling and next of kin under the Wills and Succession Act, and it continues beyond them.

A named executor who does not want to act can renounce using Form GA11, and a renouncing representative loses authority under the will. Certain persons may also nominate a personal representative using Form GA13. Where there is no will, the Wills and Succession Act sets the intestate shares, and for example gives the entire estate to a surviving spouse or adult interdependent partner where there are no descendants.

Security, duties and when no grant is needed

No grant may issue unless the applicant has given a bond or other security as the Rules require, but no bond is needed if the personal representative lives in Alberta. A non-resident must provide a bond or other court-approved security, in an amount equal to the gross value of the deceased's Alberta property, and may apply to dispense with, reduce or substitute it.

• After a grant issues, only the personal representative it names may act until it is revoked or they are discharged.
• The estate must be distributed as soon as practicable, and the Act sets no fixed deadline.
• Before a grant issues, any person may apply to restrain intermeddling, though filing a grant application is not by itself intermeddling.

A grant is not always required. A named personal representative may act without applying, but must give notices to beneficiaries, family members, a spouse or partner, and the Public Trustee. Whether a grant is practically needed depends on the asset and who holds it.

What to do next

• Find out whether a will exists, since Alberta has no will registry.
• If there is one, confirm who is named and whether they are willing to act.
• If there is none, work out who has priority under the family order.
• Check where each representative lives, since that affects bond.
• List the assets, especially land, to see whether a grant is practically needed.
• Ask a lawyer if relatives disagree, since a caveat can delay a grant.

Frequently asked questions