Resealing a Grant of Probate When the Estate Has Property Outside Alberta

When an Alberta resident dies owning assets outside the province, executors often ask a simple question:

Where do we file for probate?

The short answer: You usually start in Alberta, but you may also need to reseal the grant in another Canadian province and/or obtain an ancillary grant in a foreign country.

Step 1: Where Is the “Primary” Probate Filed?

If the deceased was ordinarily resident in Alberta at death, the application for probate is typically filed with the Alberta Court of King’s Bench.

Alberta is considered the domicile jurisdiction. The court issues the Grant of Probate confirming the executor’s authority under the Will.

That grant allows the executor to deal with Alberta assets, including:

• Alberta real estate

• Alberta bank accounts

• Alberta corporations

• Personal property located in Alberta

Step 2: What Happens With Out-of-Province Property?

Real property is governed by the law of where the land is located (lex situs).

If the deceased owned:

• A vacation property in British Columbia

• Farmland in Saskatchewan

• A condo in United States

The Alberta Grant of Probate is not automatically sufficient to transfer title in that jurisdiction.

In those cases, the executor may need to reseal the grant and obtain an ancillary grant of probate.

What Is an Ancillary Grant?

An ancillary grant is a secondary probate process in the foreign jurisdiction. It:

• Recognizes the Alberta Grant

• Confirms the executor’s authority locally

• Allows transfer or sale of real property in that jurisdiction

It is “ancillary” because it depends on the primary grant issued in Alberta.

Typically, the executor must:

1. Obtain the Alberta Grant of Probate first

2. Retain counsel in the foreign jurisdiction

3. Apply for an ancillary grant based on the Alberta probate

Does Every Out-of-Province Asset Require Ancillary Probate?

Not always. It depends on the type of asset.

1. Real Property

Almost always requires local probate or resealing.

2. Bank Accounts or Investments

Some financial institutions may accept a certified Alberta Grant without requiring a local court process — especially within Canada.

3. Jointly Held Property

If property passes by right of survivorship, probate may not be required for that asset at all.

Resealing a Grant of Probate vs. Full Ancillary Probate

Within Canada, some provinces allow a process called resealing a grant of probate. This is simpler than a full probate application.

For example, British Columbia permits resealing of grants from certain Canadian provinces, including Alberta.

The Ontario also allows resealing in many cases.

Resealing is generally:

• Faster

• Less expensive

• Procedurally simpler

The United States and most foreign countries do not allow resealing. A fresh local probate proceeding is usually required.

Practical Example

An Alberta resident dies owning:

• A home in Calgary

• A cabin in British Columbia

• A rental condo in Arizona

The executor would likely:

1. Apply for probate in Alberta (primary grant)

2. Apply to reseal the Alberta grant in British Columbia

3. Retain U.S. counsel to open an ancillary probate in Arizona

Each jurisdiction operates independently.

Planning Considerations

Owning real property in multiple jurisdictions can:

• Increase legal fees

• Cause delay

• Require multiple lawyers

• Trigger additional probate fees or taxes

Advance planning may reduce complexity. Options sometimes include:

• Inter vivos trusts

• Holding companies

• Joint ownership structures (used cautiously)

Each approach carries tax and legal consequences.

Key Takeaways for Executors

• Probate is usually filed where the deceased was resident.

• Real property outside Alberta often requires ancillary probate.

• Canadian provinces may allow resealing.

• U.S. property typically requires a separate local process.

If you are acting as executor of an estate with cross-border assets, early advice can prevent costly delay.

If you are dealing with an estate involving Alberta and another jurisdiction, our office can coordinate the Alberta probate and work with counsel in the foreign jurisdiction to streamline the process.

This post is for general information only and is not legal advice. Estate and executor issues are fact-specific. For advice tailored to your specific situation, contact us to book a free consultation.

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