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PROBATE AND ADMINISTRATION

Probate and Administration in Alberta

Compassionate Legal Support for Estate Administration in Calgary
 

After losing a loved one, navigating the legal process of probate or estate administration can feel overwhelming. At Wiebe Law, our dedicated Calgary probate lawyer is here to guide you through every step. We focus on obtaining grants of probate or administration, ensuring that estates are managed efficiently and in accordance with Alberta law.

You may need to obtain a grant of probate or administration to administer the estate of the deceased and distribute the estate's assets to the beneficiaries. Essentially, a grant is a court order that gives you the legal authority to act as the estate's administrator. Most grant applications can now be filed digitally through the Surrogate Digital Service. Additionally, grants are now issued in a digital form.

What is a Grant of Probate?

When an individual passes away leaving behind a valid Will, the executors named in that Will often seek a grant of probate. This involves submitting an application to the Court of King's Bench of Alberta for a grant of probate, which officially designates them as the personal representatives of the estate. The grant serves to affirm the legitimacy of the Will and bestows upon the executors the legal power to manage the estate in alignment with the wishes of the deceased, as specified in the Will. This procedure is pivotal in ensuring that the final wishes of the deceased are honoured and that the distribution of the estate is carried out as intended.

What is a Grant of Administration?

A grant of administration is sought in situations where the deceased did not leave behind a valid Will, a circumstance known as dying intestate. In certain cases, even when a Will exists but fails to appoint an executor, a grant of administration, specifically referred to as a grant of administration with Will annexed, is necessary. The intestacy laws outline a hierarchy of potential applicants who are entitled to apply for this grant. The court issues the grant to an appropriate person, typically a close relative, authorizing them to serve as the administrator. This individual is then responsible for managing the distribution of the estate in accordance with the intestacy rules outlined in the Wills and Succession Act of Alberta.

What is a Grant of Administration with
Will Annexed?

When a deceased individual leaves behind a valid Will but either lacks a designated executor or the appointed executor is unable or unwilling to apply for a grant, a grant of administration with Will annexed is sought. This specific type of grant addresses the scenario where the Will exists but the execution of its terms requires the appointment of an administrator due to the absence or incapacity of a named executor.

Applying for a Grant

Obtaining a Grant of Probate or Administration in Alberta involves several steps including:

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  • Gathering Essential Documents: This includes procuring the original will (if available), the death certificate, and financial statements of the deceased.

  • Completing Application Forms: These forms, either for a grant of probate or administration, should detail information about the deceased, their assets, liabilities, and beneficiaries.

  • Submission to the Surrogate Court of Alberta: The application and its accompanying documents are filed through the Surrogate Digital Service, usually within the judicial district where the deceased lived at their time of death.

  • Paying  Probate Fees: Payment is required for processing the grant application, and the amount varies based on the estate's value. We will pay the fees on your behalf.

  • Court Review of the Application: The court examines the application for completeness and accuracy. Upon satisfactory review, the court issues the grant of probate or administration, legitimizing the authority to manage the estate.

  • Notifying Creditors and Claimants: A public notice is issued in local newspapers, giving creditors and other interested parties a chance to present any claims or objections.

  • Estate Administration: The estate is administered as per the will or provincial laws. This involves settling debts and making an initial distribution of assets, with a portion retained for potential tax liabilities.

  • Securing a Tax Clearance Certificate: This is obtained from the Canada Revenue Agency to ensure that the personal representative is not liable for any unpaid taxes of the estate. Following this, the remaining estate assets can be distributed in a final distribution.

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For professional assistance in applying for a Grant of Probate or Administration, book a free consultation now.

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