Surrogate Rules Alberta: Procedures and Rules
The Surrogate Rules govern how probate applications and estate disputes are handled in Alberta. Although the rules may seem technical, they are essential for ensuring fairness and consistency in estate matters. They apply in the Surrogate Court, a division of the Court of King’s Bench. If the rules don’t answer a question, the general Rules of Court apply.
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Overview of the Surrogate Court and Rules
he Surrogate Court has jurisdiction over wills and estates, including validating wills, appointing personal representatives and supervising estate accounts. The Surrogate Rules were created under the Wills and Succession Act and detail applications for grants, contested proceedings and accounting. They protect the interests of the deceased, beneficiaries and creditors by ensuring that proper procedures are followed.
Structure of the Rules
The Surrogate Rules are organized into five parts:
Part 1 – Non‑contentious matters. Covers applications for grants of probate or administration, proof of wills, notice requirements, bonds, duties of personal representatives, and situations like minors making or revoking wills. Most routine probate applications fall under this part.
Part 2 – Contentious proceedings. Deals with disputes such as challenges to a will, proving death or dealing with claims against the estate. These matters are litigated, and evidence may be required.
Part 3 – Accounting and passing of accounts. Outlines how personal representatives must provide accounts to beneficiaries and the court. It includes procedures for auditing accounts and resolving objections.
Part 4 – Trustees’ applications for the passing of accounts (added in more recent versions). Provides guidance for trustees managing long‑term trusts.
Part 5 – Transitional, repeal and forms. Contains general provisions, the schedule of court fees, and all required forms.
Notice Requirements and Special Provisions
Even personal representatives who do not seek a grant must notify beneficiaries and spouses. Notices must be sent by registered mail and include a copy of the will. Personal representatives should retain proof of mailing. For estates over certain thresholds, they must also advertise for creditors.
The rules also provide special procedures. For example, when the witnesses to a will have died or cannot be found, the applicant may file an affidavit attesting to the authenticity of the signature or provide testimony from someone present during the signing.
Checklist: Navigating the Surrogate Rules
To ensure compliance with the Surrogate Rules:
Determine whether a grant is required. If the estate has real property or significant assets, a grant of probate or administration will likely be necessary.
Gather the correct forms. The rules contain a schedule of forms for grant applications, notices and accounts. Our probate forms page provides more detail.
Prepare supporting documents. Collect the original will (if any), death certificate, asset inventory and affidavits as required.
Send notices early. Notify beneficiaries, spouses and the Public Trustee by registered mail. Keep copies of the letters and proof of mailing.
Follow timelines. The rules impose time limits for responding to notices and filing accounts. Missing a deadline can cause delays or require court directions.
Seek legal advice for disputes. Contentious matters often involve complex legal arguments. A lawyer can help protect your rights and resolve conflicts.
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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: Surrogate Rules Alberta
What is the Surrogate Court?
It is a division of the Court of King’s Bench that handles estate matters, including probate, administration and estate dispute.
Do I need a lawyer to apply for probate?
You can apply without a lawyer, but the Surrogate Rules are technical. Many people hire lawyers to ensure forms are completed correctly and deadlines are met.
What happens if the witnesses to the will are deceased?
The rules permit affidavits or testimony from others who witnessed the signing to prove the will’s authenticity.
Are notices always required?
Yes. Even if you do not apply for a grant, you must notify beneficiaries, spouses and certain family members.
How can I challenge a will in Alberta?
Challenges are handled as contentious proceedings under Part 2 of the rules. Grounds may include lack of capacity, undue influence or improper execution. Seek legal advice promptly because strict timelines apply.
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