Who Can Apply to Be Administrator of an Estate in Alberta

When someone dies without a will, nobody has automatic authority to deal with their property. Someone has to ask the Court for permission, and a relative who wants to take on that job usually wants to know first whether they are allowed to.

This article explains who can apply to be administrator in Alberta, how residency and security (a bond) affect you, what the Act says about age, and how the application generally works. It covers estates with no will only.

This article covers the law of Alberta.

What an administrator is and why a grant matters

When there is no will, the person who manages the estate is called an administrator. Their authority comes from a grant, which is the Court's grant of authority to administer an estate. Once a grant issues, no one other than the personal representative named in it has authority to act for the estate.

The Estate Administration Act applies where the person who died lived in Alberta on the date of death, or owned property in Alberta.

Property that is not disposed of by a will is called an intestate estate, and it is distributed in accordance with Part 3 of the Wills and Succession Act. Some assets, such as property held jointly with a right of survivorship or assets with a named beneficiary like an RRSP or life insurance, may pass outside the estate, so it is worth confirming with a lawyer how this applies to your situation. Who receives the property is a separate question from who is allowed to administer it, so the person who applies is not necessarily the person who inherits.

Who is eligible to apply

Eligibility is mostly a matter of ranking. Where there is no will, the Act lists who has priority to apply, in this order: surviving spouse or adult interdependent partner, child, grandchild, other descendant, parent, brother or sister, a child of a brother or sister who is a beneficiary, next of kin who are beneficiaries, a person with an interest because of a relationship with the deceased, a claimant, and finally the Crown in right of Alberta.

Someone ranked lower can still apply, but before a grant issues to an applicant, the people who rank higher must renounce. Those entitled can also nominate a person to administer the estate. A separate article covers how the order works in detail.

• A spouse or adult interdependent partner ranks first.
• A grant must not be given to more than 3 people at the same time.
• In special circumstances the Court may issue a grant to the Public Trustee or another suitable person.

The rules also deal with ties. If more than one spouse or partner competes, preference goes to the one who lived with the deceased immediately or most recently before death. Where several people have equal priority by degree of kinship, such as several children, the Court may grant authority to one or more of them as it considers appropriate.

An adult interdependent partner is one within the meaning of the Adult Interdependent Relationships Act. Generally that means living together in a relationship of interdependence for a continuous period of at least 3 years, or living together in a relationship of interdependence of some permanence where there is a child of the relationship by birth or adoption, or having a written adult interdependent partner agreement, with no minimum period of living together. A person cannot have more than one adult interdependent partner at a time, and a married person cannot become one while living with his or her spouse. No relationship of interdependence exists where one person provides the other domestic support and personal care for a fee or other consideration. An unmarried partner who does not qualify has no intestacy share under Part 3.

Residency and bonds

Where you live affects the paperwork, and for someone outside Alberta it can mean providing security. No grant issues unless the applicant has given a bond or other security under the Rules. No bond is required where the personal representative lives in Alberta. A personal representative who does not live in Alberta must provide a bond or other security approved by the court, and may apply to dispense with or reduce it.

Residency also matters between equally ranked applicants: unless the Court rules otherwise, preference is given to a resident of Alberta.

Is there an age requirement?

The Estate Administration Act sets no general age or ineligibility rule in the provisions reviewed. It deals with minors in other ways, such as requiring the Public Trustee to be served where a minor is interested. If you are young, or unsure whether something disqualifies you, confirm with the Surrogate Clerks' Office or a lawyer.

What to do next

The application starts with Form GA1 (Grant Application) and any other forms your circumstances require. You can apply online through the Surrogate Digital Service if you are an Alberta resident and one of the applicants, or by paper using the GA forms. Review the Court's SDS Clerk Review Guidelines before submitting to avoid delays.

You serve the Form GA1 application with a Form GA2 Inventory on the beneficiaries on intestacy and others required under s. 11 of the Estate Administration Act, and file an affidavit of service (GA5) within 30 days after service. Once a grant issues, you must give notice in Form GA7 within 30 days after it issues. Unless the court orders otherwise, no grant is issued until the clerk has completed a search for other applications or wills.

• Work out where you rank on the priority list.
• Identify anyone ranked higher and whether they will renounce or nominate you.
• Decide whether you will need a bond because you live outside Alberta.
• Gather details of family members who will need to be served.
• Speak with a lawyer if relatives disagree or the family is complicated.

Frequently asked questions