Resealing an Out-of-Province Grant of Probate in Alberta

You may already hold a grant of probate from another province or country, then discover the person who died also owned land or other property in Alberta. That is common, and it raises a practical question: does the grant you have work here?

Alberta has a process for this called resealing, and a related option called an ancillary grant. This article explains the difference, why it matters for land, where the application is filed, how the bond works for someone living outside Alberta, and how the court fee is set.

This article covers the law of Alberta.

What resealing and an ancillary grant mean

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 issued in another jurisdiction is made by that place's court, so it does not automatically carry the same recognition in Alberta.

Resealing is the process of having the Alberta court put its seal on the foreign grant. A foreign grant that is resealed has the same effect in Alberta as an Alberta grant.

An ancillary grant is a different tool. It covers only Alberta property and debts, and it applies where the deceased was not an Alberta resident and the foreign jurisdiction is not one of those listed in section 18(1) of the Estate Administration Act. Which route fits your situation depends on where the grant came from, so a lawyer can confirm this.

Why Land Titles needs a resealed grant

Where the registered owner of a home or land was a sole owner or tenant in common, the personal representative applies to Land Titles for transmission using the Application for transmission to personal representative, with an original filed copy of the grant from the Surrogate Court of Alberta. A notarized copy is unacceptable.

A grant issued in another jurisdiction must be re-sealed by the Surrogate Court of Alberta before Land Titles will accept it for land.

There is an exception. If the surviving owner held the home as a joint tenant, no grant is needed to put the home in the survivor's name. Instead, a Statutory Declaration regarding Proof of Death is used with an approved death document.

Where and how the application is filed

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

Non-contentious applications can be made online through the Surrogate Digital Service or on paper using the GA forms. A person without a lawyer can use the online service only if they are an Alberta resident and one of the applicants, while paper applications are also accepted from self-represented people. Because you may live outside Alberta, paper may be the practical route for you.

The bond for a non-resident personal representative

No grant is issued unless the applicant has given a bond or other security as the Rules require. No bond is needed if the personal representative lives in Alberta. A non-resident, however, must provide a bond or other court-approved security.

• The bond amount equals the gross value of the deceased's Alberta property.
• The bond must come from an insurer licensed for fidelity insurance.
• A non-resident may apply to dispense with, reduce or substitute the security.

If there are two or more personal representatives and one of them lives in Alberta, no bond is needed. Whether to ask the court to reduce or waive the bond depends on the facts of the estate.

Court fees and what to do next

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

Alberta has no percentage probate tax, and the fee tops out at $525 however large the estate. Confirm the current amounts on the Alberta court fees page before you file.

• Get the original foreign grant and a list of the Alberta property with its value.
• Check whether the property is land held solely, in common, or as joint tenants.
• Find the judicial centre closest to the Alberta property.
• Ask a bonding insurer about a fidelity bond, or consider applying to reduce it.
• Speak with a lawyer about whether resealing or an ancillary grant fits.

Frequently asked questions