Grant of Probate in Alberta: Application Process
When someone dies leaving a valid will, the personal representative (executor) often needs a Grant of Probate to prove their authority and access estate assets. This court order confirms the will’s validity and allows the executor to deal with property, financial institutions, and land titles. Not all estates require probate; small estates or those where all property is held jointly or has named beneficiaries may be transferred without it. However, most banks and land titles offices insist on a grant for significant assets. This page outlines when probate is necessary and provides a step‑by‑step guide to the application process.
Table of Contents
When Is Probate Required?
You may need a Grant of Probate if:
The deceased owned real estate or land in their own name. Land Titles will not transfer title without a court‑issued grant.
Financial institutions demand proof of authority. Banks often require probate before releasing large sums.
There are complex or disputed assets. Business interests, foreign property or concerns about capacity or undue influence may necessitate court validation.
The estate is significant. Even when assets are straightforward, applying for a grant reduces risk and clarifies the executor’s authority.
Property outside the estate—such as assets owned in joint tenancy or with designated beneficiaries—passes directly and is not included in a probate application. The personal representative still needs to identify these assets and may need to provide proof of death to transfer them.
Step‑by‑Step Probate Process
The following steps provide a general framework for obtaining a Grant of Probate in Alberta. The process may vary depending on the estate’s complexity, and professional advice is recommended.
Step 1 – Determine If You Need Probate
Review the deceased’s assets and determine whether any require a court order to transfer. Real estate registered solely in the deceased’s name, large bank accounts, or investments almost always need a grant. Assets with joint owners or beneficiary designations (such as RRSPs, TFSAs and life insurance) are usually outside the estate and do not require probate.
Step 2 – Gather Documents and Information
Collect the following:
Original will and codicils. Make sure the will was executed properly.
Death certificate. Obtain certified copies from Alberta Vital Statistics.
Inventory of assets and liabilities. List all real estate, bank accounts, investments, pensions, RRSPs, vehicles, personal property and debts. Confirm which assets are part of the estate and estimate their values.
Contact information for beneficiaries and family members. You’ll need to send formal notices later.
Step 3 – Complete the Application Forms
Since June 2022, Alberta requires new Grant Application (GA) forms for probate and administration matters. The key forms include:
| Form | Purpose |
|---|---|
| GA1: Grant Application | Provides basic information about the deceased, the personal representative, the will and the type of grant requested. |
| GA2: Inventory | Lists the estate’s assets and liabilities and their values. |
| GA3: Notice to Beneficiaries & Others | Notifies beneficiaries and other interested parties that an application is being made. |
| GA4: Notice to Public Trustee | Required if a minor or represented adult is a potential beneficiary. |
| GA5: Affidavit of Service | Confirms that required notices have been served. |
| GA8: Affidavit of Witness to a Will | Used if a witness needs to verify the will’s execution. |
| GA11: Renunciation | If a named executor renounces their right to apply. |
| GA15: Notice to Creditors and Claimants | If advertising for creditors is needed to protect the executor from undiscovered debts. |
Complete the forms carefully and attach supporting documents, such as the original will (or certified copy), death certificate, and valuations. A probate lawyer can help ensure forms are accurate and complete.
Step 4 – Serve Notices
Deliver the GA3 notice to every beneficiary named in the will and any other person with a potential interest. If a beneficiary is a minor or represented adult, you must also serve the Public Trustee (GA4). An affidavit of service (GA5) must accompany your application. Provide beneficiaries with a copy of the will and a summary of the inventory.
Step 5 – File the Application and Pay Probate Fees
File your completed GA forms with the Alberta Surrogate Court. The court fee (probate fee) depends on the estate’s net value: $35 for estates up to $10,000; $135 for $10,000–$25,000; $275 for $25,000–$125,000; $400 for $125,000–$250,000; and $525 for estates over $250,000. Payment is made from estate funds. Additional court fees apply if you need supplementary grants (e.g., double probate or resealing).
Step 6 – Await the Grant
Processing time depends on court workload and whether the application is complete. Simple applications can take several weeks; complex estates may take longer. During this period you may continue to manage the estate but cannot complete asset transfers that require probate. Keep beneficiaries informed.
Step 7 – Manage the Estate and Distribute Assets
Once the grant is issued, provide certified copies to banks, investment firms and the Land Titles Office. Transfer property into the estate account, sell or liquidate assets as required, pay outstanding debts and taxes, and obtain clearance from the Canada Revenue Agency. After the statutory six‑month period for creditor and dependants’ claims, distribute the remaining assets to beneficiaries and secure releases
Tips for a Smooth Probate Application
Start early. Gather documents and valuations soon after the death to avoid delays.
Be thorough. List all assets and debts, even if they seem minor, to protect yourself from personal liability.
Seek professional guidance. A lawyer or accountant can help with complex valuations and tax issues.
Keep beneficiaries informed. Transparent communication reduces misunderstandings and disputes.
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Disclaimer: This guide provides general information about estate planning in Alberta and should not be considered legal advice. Every situation is unique, and you should consult with a qualified estate planning lawyer to discuss your specific circumstances. Laws and regulations can change, so ensure you’re working with current information when making estate planning decisions.
Applying for probate can be daunting
Frequently Asked Questions: Grant o Probate Alberta
What is a Grant of Probate?
It is a court order confirming the validity of a will and authorizing the personal representative to administer the estate.
Do all wills require probate?
No. Estates with jointly held assets or named beneficiaries may not require probate. However, banks or land titles may still insist on a grant for significant assets.
How long does probate take in Alberta?
Simple applications may be granted within a few weeks, but complex estates can take several months or longer.
Who pays the probate fee?
The fee is paid from estate funds when the application is filed.
Can I apply for probate without a lawyer?
Yes, but professional assistance can prevent errors and delays, especially when forms and notices must comply with strict rules.
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