Grant of Probate vs. Grant of Administration in Alberta
- Jeremy R. Wiebe
- Apr 23, 2024
- 2 min read
Updated: Mar 8
Navigating the legal processes after the death of a loved one in Alberta can be daunting, especially when dealing with the deceased's estate. Two common procedures you might encounter are applying for a Grant of Probate and a Grant of Administration. Understanding the distinctions between these two types of grants is critical when commencing an application to administer the estate of the deceased.
If you're feeling overwhelmed by the probate process, contact Wiebe Law for a free consultation.
Grant of Probate
A Grant of Probate is required when a person passes away leaving a valid will. This legal document, issued by the Court, confirms the will’s validity and the executor’s authority to administer the deceased's estate. The executor, who is named in the will, is responsible for distributing the assets as per the deceased’s wishes. The process involves submitting the will along with an application to the Surrogate Court, which exists within the Court of King’s Bench of Alberta. Once approved, it assures creditors and beneficiaries that the executor has the legal power to manage and distribute the estate.
Grant of Administration
Applicants for an estate grant should seek a Grant of Administration when the deceased has died intestate, meaning the deceased did not leave a valid will, the will does not appoint an executor, or the appointed executor is unable or unwilling to act. This grant is also court-issued and authorizes an administrator—usually a close relative or sometimes a trust company—to manage and distribute the estate. The administrator's role is similar to that of an executor, but they must distribute the assets according to the Alberta’s laws of intestacy when there is no valid will or when the will fails to make a distribution.
Key Differences
The primary difference lies in the existence of a will and the appointment of an executor. A probate process supports the executor named in the will, while an administration process appoints an administrator in the absence of a will or an available executor. The procedures for both require filing different sets of documents in court, including a detailed inventory of the deceased’s assets.
Conclusion
Whether applying for a Grant of Probate or a Grant of Administration, both processes aim to ensure the legal and fair distribution of an estate. However, knowing which route to follow can save considerable time and reduce the stress associated with estate settlements. At Wiebe Law, we are ready to help you navigate these processes smoothly and effectively. Book a free consultation today.
Comments