Are you faced with the responsibility of administering an estate in Alberta? Navigating the legal process of obtaining a Grant of Administration or a Grant of Probate can be daunting, but our estate lawyers can provide you with expert guidance and support throughout the process.
In Alberta, we have two main legal documents that empower a person to deal with someone’s estate upon their passing: Grants of Probate and Grants of Administration.
A Grant of Probate is obtained when the deceased person left a valid will and appointed an executor to oversee their estate. This legal document grants authority to the executor to carry out the instructions outlined in the will, ensuring the deceased’s wishes are honored and assets are distributed accordingly.
A Grant of Administration is obtained in cases where the deceased did not leave a valid will or failed to appoint an executor. In such situations, the Court appoints an administrator to manage the estate. The administrator follows specific legal guidelines and rules of intestate succession to allocate the deceased’s assets among their eligible beneficiaries.
In short, a Grant of Probate is obtained when there is a will, and a Grant of Administration is obtained when there is no will. Both processes involve applying to the Court and providing supporting documents.
Depending on the circumstances of the estate, the grant application process will proceed:
- through the Surrogate Digital Service (an online government portal for filing grant applications), or
- using physical forms under the Surrogate Rules in the Court of King’s Bench.
Our experienced team understands the complexities involved in both processes and can assist you every step of the way. We will help you:
- Determine your eligibility as an administrator or executor;
- Gather the necessary documents, including a death certificate, original will (if it exists), and a comprehensive list of assets and liabilities;
- Prepare the required application forms accurately and efficiently;
- File the application with the Surrogate Court, ensuring all necessary fees and supporting documents are included;
- Engage effectively with the Court;
- Represent you in Court, if required; and
- Obtain the Grant of Probate or Grant of Administration, officially appointing you as the executor or administrator of the estate.
Contact us today to schedule a consultation and take the first step toward administrating the estate of your loved one.