Do You Need a Court Grant to Act as Sole Executor in Alberta?

If you are the only executor named in a will, you may wonder whether the will alone gives you authority or whether you must apply to the Court. The answer depends on the estate, and Alberta law sets out both paths.

This article explains what a grant does, what changes if you act without one, and which situations call for extra care.

This article covers the law of Alberta.

What a grant of probate does

A grant of probate confirms the executor named in a will. If there is no will, a grant of administration is requested from the court instead.

The Estate Administration Act applies if the deceased was an Alberta resident or owned Alberta property at death, or the Court finds a grant necessary. The Court may issue general or limited grants, and any conditions must be stated in the grant.

Acting without a grant

The Act contemplates that a personal representative named in a will may act without a grant. If you do, section 10 requires you to give notice to beneficiaries, family members, spouses, adult interdependent partners, the Public Trustee and others.

The beneficiary notice must identify the deceased and the personal representative, describe the gift and state that gifts are subject to debts. Failing to give required notice can lead the Court, on application, to order compliance, impose conditions, remove you or revoke a grant.

Whether acting without a grant is practical depends on the assets and on what third parties will accept. A lawyer can confirm this for your estate.

If you apply for a grant

An applicant must serve the application and rights notices on specified spouses, partners, dependent children, attorneys, trustees, the Public Trustee and guardians, although the Court may dispense with service. The application is also served with an inventory in Form GA2 on each residuary beneficiary, intestacy beneficiary and person served under section 11.

• Where a minor has an interest, give the Office of the Public Guardian and Trustee a copy of the application and a GA4 Notice to Public Trustee form.
• After the grant issues, serve a Form GA7 notice of grant within 30 days on each person listed in Form GA1 who requires notification.
• Self-represented applicants can prefer the Surrogate Digital Service, but they must be Alberta residents and one of the applicants. Paper applications filed on or after June 15, 2022 use GA forms.

Special situations for a sole executor

• Non-resident executor: a non-resident personal representative must provide a bond or other security approved by the court. No bond is needed if the representative is resident in Alberta. A non-resident may apply in Form GA1 to dispense with the bond, approve other security or reduce the amount.
• Minor executor: if the sole named executor is a minor, the Court must grant authority to another person.
• Executor who cannot or will not act: persons entitled to administer may nominate a replacement using Form GA13. A named representative may also renounce in Form GA11.
• Substitute named in the will: a substitute takes over if the named personal representative dies before, at, or uncertainly relative to the testator.
• Executor dies after the testator but before getting a grant: authority is lost.
• Dispute over the will: the Court may appoint a personal representative while litigation is pending, and that person cannot distribute property.

What to do next

Before deciding, gather the original will and a list of the assets. Note whether you live in Alberta, whether any beneficiary is a minor, and whether anyone may challenge the will.

• Confirm you are the only executor named and that you are willing to act.
• List all assets, including any outside Alberta.
• Identify beneficiaries, family members and others who must receive notice.
• Ask a lawyer whether to act without a grant or apply for one.
• Do not distribute until the notice and creditor steps are complete.

Frequently asked questions