Probating a Will When the Executor Lives Outside Alberta (Bond Requirements & How to Sidestep Them)

Wherever you hail from, we'll guide you through the probate process.

If you have been named executor of an Alberta estate but live in another province—or even another country—you can act, but there is one extra hurdle: the probate bond. Below we explain why the bond exists, when it is triggered, and the practical way most estates avoid posting one—unanimous beneficiary consent.

Book a free consultation to discuss your particular needs.

1. Why the Court Asks Non-Resident Executors for a Bond

To protect beneficiaries and creditors, Rule 28 requires a non-resident personal representative to file a surety bond equal to the gross value of the estate unless the court orders otherwise.

A probate bond is a form of insurance: if the executor absconds with funds or mishandles the estate, the surety company pays out and then sues the executor for reimbursement. Premiums typically run 0.3 % – 1 % of the bond amount, renewed annually.

2. How Much Will the Bond Be?

Formula: (Total estate value – executor’s fees & expenses) × 100 %

• Real-estate heavy estates often generate the largest bonds, because land values push up the total.

• High-liability estates (large debts, ongoing businesses, foreign assets) may see the clerk insist on the full value with no reductions.

• Good credit matters: surety companies underwrite the executor personally and may refuse applicants with weak credit scores or past bankruptcies.

3. The Common Escape Hatch: Beneficiary Consent

The Surrogate Court will usually dispense with the bond if every residuary beneficiary who is adult, mentally competent, and unrepresented by the Public Trustee signs a written consent (Form GA14 in the new GA-series probate forms).   

1. Why consents work

2. Beneficiaries are the people the bond is meant to protect.

3. Their unanimous consent signals the risk is low.

4. The court retains discretion: it may still demand a bond if minors, missing heirs, or unusual assets are involved.

   
   

🔍 Tip: Collect consents before filing. Submit the GA14s with your application so the clerk sees a complete package on Day One.

4. Step-by-Step Alberta Probate Checklist for a Non-Resident Executor

Step Action Notes

• Confirm your ability to act Some foreign jurisdictions restrict residents from acting abroad. Double-check tax and banking rules in your home province/state.

• Retain an Alberta estate lawyer Alberta counsel is mandatory for e-filing and will be the address for service.

• Canvas every beneficiary Explain the bond issue and circulate Form GA14 for signatures. If any beneficiary refuses or lacks capacity, assume a bond will be required.

• Compile the inventory (Form GA2) Gather market values for real property, investments, personal property, and debts.

• File the GA application Submit GA1-GA8 (plus GA14 consents); pay the probate fee.

• Wait for clerk review (2–8 weeks) Straightforward files with completed consents are often granted at the faster end of the range.

• Administer the estate Open a Canadian estate account, secure CRA clearance, settle debts, and distribute assets.

• Discharge the bond (if posted) After all beneficiaries sign releases, apply to discharge the bond so premiums stop.

5. Practical Ways to Simplify Things

• Appoint a co-executor who lives in Alberta. If any personal representative is an Alberta resident, the bond requirement usually disappears.

• Use a corporate executor. Trust companies licensed in Alberta satisfy the residency rule and carry their own bond.

• Communicate early and often. Beneficiaries who understand the cost and delay a bond can cause are more inclined to sign the waiver.

• Plan ahead in your will. Testators can insert a clause expressly dispensing with the bond and appointing at least one Alberta-resident co-executor, reducing surprises later.

6. Frequently Asked Questions

Q: What if one beneficiary is a minor?

A: The Public Trustee represents minors and will not consent to waive the bond. Expect to post security or add a resident co-executor with professional insurance.

Q: Can the will itself waive the bond?

A: A clear waiver clause helps, but the court may still insist on a bond if the executor is non-resident and beneficiaries are vulnerable or the estate is complex.

Q: Who pays the bond premium?

A: The estate does. It is treated as an administration expense deductible before distributions.

Key Take-Aways

1. Non-resident executors are welcome in Alberta—but the default rule is “bond first, probate later.”

2. Unanimous adult-beneficiary consent (Form GA14) is the fastest, cheapest way to have the bond dispensed with.

3. Early planning—either in the will or during probate—saves thousands in premiums and months of delay.

Have questions about your unique situation? Wiebe Law offers free consultations for executors inside and outside Alberta. Book a call and we’ll help you navigate probate with confidence—bond or no bond.

This article is legal information only and does not create a solicitor-client relationship. Always obtain advice specific to your circumstances.