Who Must Be Notified of a Probate Application in Alberta?

If you are the person applying to administer an estate in Alberta, one of the first practical questions is who has to be told. Court applications for a grant affect other people, so the rules require you to bring the application to their attention in a set way.

This article walks through who must be served, which forms go to whom, what changes when a beneficiary is a minor or a represented adult, and the deadlines that follow. It also explains how this differs from the separate notices used when a representative acts without a grant.

This article covers the law of Alberta.

Who must be served with the application

In Alberta, the notice of application must be served together with the GA1 grant application and a GA2 inventory on residuary beneficiaries, intestacy beneficiaries, and the persons listed in section 11 of the Estate Administration Act. Those listed persons include family members, a spouse or adult interdependent partner, and the Public Trustee in certain cases.

• Residuary beneficiaries, who receive what is left after specific gifts and debts.
• Intestacy beneficiaries, where there is no will.
• Family members and a spouse or adult interdependent partner named in section 11.
• The Public Trustee, where notice to it is required.

Who counts as a residuary or intestacy beneficiary depends on the will or on the Wills and Succession Act rules for intestate shares, so a lawyer can help you confirm the list in a less straightforward family situation.

Which forms go to whom

The GA forms apply to applications filed on or after June 15, 2022. Older materials that use NC forms are outdated.

GA1 is always required on a grant application, while other forms are needed depending on the circumstances.

Minors and represented adults

Where a minor is a beneficiary, the Public Trustee must review all grant applications in Alberta. The personal representative must submit a copy of the application and a GA4 Notice to Public Trustee.

Where a represented adult is a beneficiary, you serve their trustee, not the adult. An application must not proceed until the attorney or trustee of a represented adult, or the Public Trustee where notice is required, is represented on the application or has indicated it will not be.

In practice, this means you may need to wait for a response before the application moves forward, so it is sensible to serve these parties early.

Deadlines and what the Court looks for

• File the GA5 affidavit of service within 30 days after the date service is effected.
• Serve the GA7 notice of grant issuing within 30 days after the grant is issued.

A grant must not be issued unless the Court is satisfied that the section 11 notice requirements have been met. If someone could not be found after reasonable inquiry, the Court may dispense with service on that person. Keep a record of the steps you took to look for them, since the Court is asked to be satisfied about those inquiries.

Notice is also a different matter from caveats. A person who objects may file a caveat against the issue of a grant, and while it is in effect no further proceedings may be taken on the application.

Different from the NGA notices

Do not confuse these court-application notices with the NGA1 to NGA4 notices. Those apply when a named personal representative acts without applying for a grant. NGA1 goes to beneficiaries, NGA2 to family members, NGA3 to spouses or adult interdependent partners, and NGA4 to the Public Trustee or other persons. They must state who died, the representative's name and contact information, and that all gifts are subject to prior payment of the deceased's debts and other claims against the estate.

What to do next

• List every residuary or intestacy beneficiary, family member, and any spouse or adult interdependent partner.
• Check whether any beneficiary is a minor or a represented adult, and identify the trustee to serve.
• Prepare the GA1, the GA2 inventory, and the GA3 and GA4 notices as needed.
• Serve everyone and keep proof of how and when you did it.
• Diarize the 30-day deadline for the GA5 affidavit of service.
• After the grant issues, serve the GA7 notice within 30 days.

If the family is complicated, someone cannot be located, or a beneficiary is a minor, speaking with an Alberta lawyer before serving can help avoid delays.

Frequently asked questions