Learn how the Grant of Probate and Administration works in Alberta. Find out when each is necessary, the steps involved, and why consulting with a lawyer is crucial in estate administration.
A Grant of Probate is formal court permission issued to an executor of a will to distribute its contents in accordance with the Wills and Succession Act (SA 2010, c W-12.2). It confirms that the will is a valid legal document and that the nominated executor has the authority to manage the deceased’s property. The executor is responsible for distributing the assets according to the deceased’s intentions.
If the deceased was the sole owner of property, such as land, a Grant of Probate is needed to transfer the property.
Most banks and financial institutions require a Grant of Probate to release funds.
Probate is necessary to facilitate proper administration if the estate is large or involves multiple heirs.
The executor submits an application to the Surrogate Court, including a copy of the will and a death certificate.
Beneficiaries named in the will must be given prior notification.
The court reviews the documents to ensure they meet legal requirements.
Upon approval, the court issues the Grant of Probate to the executor.
If the deceased dies intestate (without a will), a Grant of Administration is required.
If a will is challenged and deemed invalid by the court, administration is necessary.
If no executor is named or the named executor is unable or unwilling to act, the court appoints an administrator.
Potential heirs and interested parties must be notified.
The court assesses the application to ensure the applicant is qualified.
The court issues the Grant of Administration, enabling the administrator to manage the estate.
Probate applies when a valid will exists, while administration is used when there is no will or the will is deemed invalid.
If a person dies intestate (without a valid will), the estate is distributed according to the Wills and Succession Act.