A Grant of Probate must be obtained by the personal representative to prove that the will is valid in certain cases. Your estate lawyer can help you determine whether a Grant of Probate in Alberta is required.
(Note: the term “personal representative” is the current legal term used to refer to an executor/executrix, administrator/administratix, and judicial trustee.)
In general, you must apply for probate if the estate includes real estate and/or large bank accounts not held in joint interest, but there are many other situations in which a Grant of Probate document may be required. Banks and other institutions sometimes require a Grant of Probate before they will release assets to a personal representative. The grant provides official confirmation of a personal representative, protecting these kinds of third-party organizations.
Applying for a Grant of Probate can only be done if a personal representative has been named in a will. If there is no will or if the will does not name a personal representative, an individual or corporation can be selected to apply for a Grant of Administration. Successfully obtaining the grant gives the administrator the same power as an executor.
When to Apply for a Grant of Probate in Alberta
If the deceased person lived in Alberta or had certain assets in Alberta, you will likely need to apply for probate in Alberta. The application should be made as soon as possible after the person's death while allowing time to collect all the required information and ensure the forms are filled out correctly.
Because the testator (the person who created the will) appoints the personal representative in the will, the personal representative does not have to wait to receive the grant before beginning to manage the estate. As soon as someone dies, his or her executor has the authority to take possession and control of the deceased person's property and do anything in relation to that property that the deceased could have done.
Of course, the personal representative must always act in the best interests of the estate and its beneficiaries as executors are not allowed to benefit from the estate. (They can benefit as beneficiaries of the will but not as executors, except for a compensation fee.)
Grant of Double Probate
A Grant of Double Probate may be issued if:
- The personal representative appointed in the will decides not to apply for probate but wants to reserve the right to apply later and later applies.
- The executor appointed in the will cannot complete the administration of the estate and the alternate executor named in the will needs authorization to take over.
Grant of Probate Form List
If there is no dispute over the will, the personal representative must file a number of NC documents when applying for probate. Below is a list of commonly used forms. Not every form must be used in every case.
- Personal Representative
- Affidavit of Witness to Will
- Affidavit of Handwriting
- Renunciation of Probate
- Renunciation of Administration with the Will Annexed
- Renunciation of Administration
- Affidavit to Dispense with a Bond
- Consent to Waive Bond
- Notice to Beneficiaries (Residuary)
- Notice to Beneficiaries (Non-residuary)
- Notice to Beneficiaries (Intestacy)
- Notice to Spouse (Matrimonial Property Act)
- Notice to Spouse/Adult Interdependent Partner of Deceased
- Notices to Dependent Child of the Deceased
- Notice to Public Trustee