Grant of Administration in Alberta: Step‑by‑Step Guide
When a person dies without a valid will (intestate) or the named executor cannot or will not act, the court issues a Grant of Administration. This grant gives the applicant (administrator) legal authority to manage the estate. The Estate Administration Act and Wills and Succession Act govern who may apply and how the estate must be distributed. This page explains the circumstances requiring a grant of administration and offers a clear step‑by‑step guide.
Table of Contents
When Is a Grant of Administration Needed?
A Grant of Administration is required when:
The deceased left no will. The estate is intestate and must be distributed according to Alberta’s intestacy rules.
A will exists but no executor is named or able to act. If the named executor has died, renounces, or is unable to fulfill the role, the court may issue a grant of administration with the will annexed.
There is a will but it is invalid or only disposes of part of the estate.
If there is no personal representative, creditors can apply to administer the estate. The Public Trustee will step in only if no eligible person comes forward
Who Has Priority to Apply?
Alberta law sets out a priority list of who may apply for a grant when there is no will. According to the Estate Administration Act, priority generally follows this order: spouse or adult interdependent partner, children, grandchildren or other lineal descendants, parents, siblings, nieces and nephews, other next of kin, people with an interest in the estate, and finally the Crown. If there is a will but the executor cannot act, residuary beneficiaries normally have the first right to apply. Multiple administrators (up to three) may be appointed, but Alberta residents are preferred.
Step‑by‑Step Guide to Applying for a Grant of Administration
Step 1 – Determine Eligibility
Confirm that a grant of administration (with or without a will) is necessary. Review the will (if one exists) to see if a replacement executor is named. Assess your relationship to the deceased and where you fall on the priority list. If you are lower in priority, obtain renunciations (GA11 or GA18) from those with higher priority.
Step 2 – Gather Information and Documents
Collect:
Death certificate and, if there is a will, the original document. If the will is invalid or incomplete, attach an affidavit explaining the circumstances.
Inventory of assets and liabilities (GA2). Identify property that forms part of the estate and assets that pass outside it (jointly owned property or assets with designated beneficiaries).
List of heirs and family members. Determine who may inherit under Alberta’s intestacy rules.
Step 3 – Complete the Application Forms
For grant of administration applications, use the GA forms as follows:
| Form | Purpose |
|---|---|
| GA1: Grant Application | Details about the deceased and applicant, the type of grant, and the value of the estate.. |
| GA2: Inventory | Lists all assets and liabilities. |
| GA3: Notice to Beneficiaries & Others | Notifies potential heirs and interested parties that a grant application is being made. |
| GA4: Notice to Public Trustee | Required when a minor or represented adult may inherit. |
| GA5: Affidavit of Service | Confirms notices have been served. |
| GA11 / GA18: Renunciation | If a person with higher priority declines to act as administrator. |
| GA13: Nomination | Used if beneficiaries nominate someone else to act as administrator. |
| GA14: Beneficiary’s Consent to Waive or Reduce Bond | In some cases, the court requires the administrator to post a bond; this form may waive or reduce the requirement. |
Ensure each form is completed accurately and attach supporting documents. If the estate is intestate, you must state that the deceased died without a will and provide information about heirs.
Step 4 – Serve Notices
Send GA3 notices to all potential beneficiaries, heirs and others who may have a claim. If any are minors or represented adults, send GA4 to the Public Trustee. File GA5 affidavits of service with your application.
Step 5 – File the Application and Pay Fees
Submit the forms to the Surrogate Court in the judicial district where the deceased lived. Pay the court fee based on the estate’s net value (see probate fee schedule). If the estate includes land, file the grant with Land Titles after issuance.
Step 6 – Obtain the Grant and Administer the Estate
Once the court approves the application, you will receive a Grant of Administration (with or without a will). Use certified copies to collect and manage assets. Open an estate account, pay debts and taxes, and distribute the estate according to Alberta’s intestacy rules or the terms of the will. Keep detailed accounting records and provide them to beneficiaries upon request
Intestacy Rules at a Glance
Under the Wills and Succession Act, distribution of an intestate estate depends on the deceased’s family situation. For example:
Spouse or adult interdependent partner only: They receive the entire estate.
Spouse and children from that relationship: The spouse receives the entire estate.
Spouse and children from another relationship: The spouse typically receives the greater of 50% of the estate or a prescribed amount, with the remainder shared among the children.
No spouse but children: The estate is divided equally among the children.
No immediate family: The estate goes to parents, then siblings, then more distant relatives. If no heirs exist, the estate may escheat to the Crown.
Consult a lawyer for specific distribution scenarios and for estates involving dependants or complex assets.
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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.
Have Questions
Frequently Asked Questions: Grant of Administration in Alberta
What is the difference between probate and administration?
Probate confirms the validity of a will and appoints the executor named in the will. Administration is granted when there is no will or the executor cannot act; it authorizes an administrator to manage the estate.
Can multiple people act as administrators?
es. The court can appoint up to three administrators. All must agree on decisions or follow the court’s directions.
Do administrators need to post a bond?
The court may require a bond to protect beneficiaries. Beneficiaries can sign GA14 to waive or reduce the bond requirement.
How long does it take to obtain a Grant of Administration?
Processing times vary. Simple estates may receive grants within a few weeks; complex estates may take several months.
What happens if no one applies for administration?
If no family member or creditor applies, the Public Trustee may take control of the estate.
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