Which Court Handles Probate in Alberta? Court of King's Bench

If you are an executor, one of your first questions may be where to take the application. The location depends on where the deceased lived at the date of death.

This article explains which court handles probate in Alberta, how to choose the right location, and how filing works.

This article covers the law of Alberta.

The Court of King's Bench

Surrogate matters are heard in the Court of King's Bench. This includes applications for a grant of probate, where there is a will, and a grant of administration, where there is no will or the named executor does not act.

Non-contentious applications such as probate, administration and trusteeship of a minor's property can be made online or on paper.

A grant is not always required. A named personal representative may act without applying for a grant, but must then give notices to beneficiaries, family members, a spouse or adult interdependent partner, and the Public Trustee. Even so, third parties may reasonably ask to see a grant or the will before dealing with someone who claims to administer an estate. Land is an important exception: where the deceased was the sole owner or a tenant in common, Land Titles needs an original filed copy of the grant for a transmission, so a grant is needed to sell or transfer such a home. A surviving joint tenant does not need a grant to put the home in their name, and instead uses the Statutory Declaration regarding Proof of Death with an accepted death or funeral director's certificate.

If you are not sure where the will is kept, it may help to know that Alberta has no will registry. Wills are kept in places like a safe, a safety deposit box or with a lawyer.

Choosing the judicial centre

The application must be filed at the judicial centre nearest by road to where the deceased lived on the date of death, unless the court allows otherwise.

If the deceased lived outside Alberta, the application may be filed at the judicial centre closest to the deceased's Alberta property.

Online or paper filing

• Surrogate Digital Service (SDS): online filing. An individual without a lawyer can use it only if they are an Alberta resident and one of the applicants.
• Paper: GA forms starting with GA1 are accepted for self-represented people.
• Lawyers and legal assistants who are Law Society of Alberta members must use SDS for all applications it can process; paper filings need a GA1 Submission Eligibility Form explaining why SDS cannot process the application.

In a notice dated November 17, 2023, the Court of King's Bench said that after a new SDS feature release, paper GA applications are accepted for clerk review during a two-week grace period, after which a clerk may reject paper applications that could have been filed on SDS. Because that notice was tied to a particular release, check with the court about its current practice before choosing paper filing. SDS does not accept every type of application, so confirm with the court if yours is unusual.

The Surrogate Rules and Forms Package is a user's guide to grant applications, suited to simple applications that individuals file themselves.

Forms, documents and notices

Forms for applications filed on or after June 15, 2022 are the GA series, such as GA1 Grant Application and GA2 Inventory. Form GA1 is always required on a grant application, while other forms such as GA8 to GA14 are required depending on the circumstances.

• The original will and any original codicils must be attached to the grant application.
• A witness proves the will-signing formalities by a Form GA8 affidavit with the original will as an exhibit.
• For a holograph will or where a witness cannot be found, Form GA9 (affidavit of handwriting) proves the deceased's handwriting.
• A will not in English or French needs a translation affidavit in Form GA10.

The notice of application must be served with the GA1 and a Form GA2 inventory on residuary beneficiaries, intestacy beneficiaries, and the persons listed in s. 11 of the Estate Administration Act. A grant must not be issued unless the Court is satisfied that those notice requirements have been met, although the Court may dispense with service on someone who could not be found after reasonable inquiry.

An affidavit of service in Form GA5 must be filed within 30 days after the date service is effected, and notice of the grant issuing (Form GA7) must be served within 30 days after the grant is issued. Where a minor is a beneficiary, the Public Trustee must review all grant applications in Alberta, and you submit a copy of the application and a GA4 Notice to Public Trustee.

What to know before you file

A named executor is a personal representative even before any grant. Filing a grant application is not by itself intermeddling in the estate.

The court fee for issuing a grant of probate or administration depends on the net value of Alberta property, from $35 up to $525. A grant of double probate, a supplemental grant or a grant of administration of unadministered property costs $300 instead of the tiered fee, and an application for trusteeship also costs $300. Alberta has no percentage probate tax, and the grant fee tops out at $525 for any estate with net Alberta property over $250,000. A bond is not needed if the personal representative lives in Alberta, but a non-resident must provide a bond or other court-approved security. Where a caveat is filed against a grant, no further steps can be taken on the application while it is in effect.

Notice to claimants must be published in a newspaper circulated where the deceased usually lived. If the gross estate is $100,000 or less, it is published at least once; if it is over $100,000, at least twice with 5 or more days between publications.

What to do next

• Find the judicial centre nearest by road to where the deceased lived at death.
• Decide whether you will file on SDS or on paper, based on whether you have a lawyer and live in Alberta.
• Locate the original will and gather the GA forms you need.
• Confirm the current fee on the Alberta government court fees page.
• Get legal advice if the deceased lived outside Alberta, a beneficiary is a minor, or someone may object.

Frequently asked questions