Grant of Probate in Alberta: What It Is and How the Process Works
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What is a Grant of Probate (Alberta)?
A Grant of Probate is a court document confirming the will is valid and that the named personal representative (executor) has legal authority to act for the estate. Institutions like banks, investment firms, and Land Titles commonly require it before releasing assets or transferring land.
When a Grant of Probate is Typically Required
Sole-name real estate in Alberta
Significant bank/investment accounts without joint ownership
Where an institution insists on a grant before disclosure or release
Anticipated will challenges (validation by the court reduces dispute risk)
The Alberta filing framework
Probate applications are made in surrogate matters of the Court of King’s Bench using approved Surrogate forms (non-contentious files). Alberta provides fillable forms and guidance for self-represented people and lawyers.
Step-by-step: filing for a Grant of Probate (Alberta)
Step 1 — Gather key documents. Original will and codicils, death certificate, PR ID, marriage/AIP info, list of beneficiaries, asset & debt inventory.
Step 2 — Value the estate. Get date-of-death balances and appraisals where needed.
Step 3 — Prepare the Surrogate forms package. This often includes the Application, Affidavit(s), Inventory, and beneficiary notices; your exact forms depend on the estate. (See Alberta “Surrogate forms – Non-contentious matters.”) Alberta.ca
Step 4 — Serve required notices. Serve beneficiaries and other parties per the Rules; some situations allow streamlined service under the Estate Administration Act. surrogate.alberta.ca
Step 5 — File at the correct judicial centre. File at the centre closest to where the deceased resided. CanLII
Step 6 — Answer requisitions (if any). The court may ask for clarifications or corrections.
Step 7 — Receive the Grant. Use it to collect, safeguard, and transfer assets.
How long does it take?
Simple, non-contentious probate often completes in a few months; complex estates or missing information can extend timelines.
Practical Tips from Calgary Files
Start the inventory early; institutions may take time to respond.
Keep all receipts; executor compensation and reimbursements require records.
Communicate regularly with beneficiaries to prevent misunderstandings.
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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.
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Frequently Asked Questions About Probate
Is probate different if there’s no will?
That’s a Grant of Administration (no will) or Administration with Will Annexed (will but no executor able to act). Same court, different grant.
Can I file probate myself?
You can, but the forms and service rules are technical. Many executors prefer a lawyer to reduce delays and liability. Alberta.ca
Does every bank require a grant?
Not always. Thresholds vary. Many require a grant for larger balances or to disclose account details.
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