Grant of Administration Alberta: How to Apply When There Is No Will

Someone in your family just died without a will, and now the bank is telling you they cannot release a single dollar until you produce something called a Grant of Administration from the Court of King's Bench. Meanwhile, there are funeral bills, property taxes coming due, and a mortgage payment that will not wait for the court's timeline. If the deceased left a valid will naming an executor, you would apply for a Grant of Probate. Without a will — or with a will that does not name an executor — you need a Grant of Administration instead, and the process is meaningfully different.

Grant of Probate vs. Grant of Administration

Both documents accomplish the same fundamental thing: they are court orders confirming who has the legal authority to manage a deceased person's estate. The difference is the starting point.

A Grant of Probate is issued when the deceased left a valid will that names an executor (called a "personal representative" in Alberta). The court is essentially confirming: "Yes, this will is valid, and this named person has authority to act." The process is relatively straightforward because the deceased already made the key decisions — who manages the estate and who gets what.

A Grant of Administration is issued when there is no valid will (intestacy), or when the will exists but does not name a functioning executor — perhaps the named executor predeceased, declined to act, or is incapable of serving. In this case, the court must appoint an administrator based on a statutory priority list, and the estate distribution follows the intestacy rules set out in Alberta's Wills and Succession Act rather than the deceased's wishes.

The practical implications are significant. An administrator faces additional requirements that an executor with a valid will does not, including the possible need to post a surety bond and the obligation to distribute assets according to a legislated formula rather than personal discretion.

Who Can Apply for a Grant of Administration

Alberta's Wills and Succession Act establishes a strict priority hierarchy for who is entitled to apply. The court will not appoint a lower-priority applicant if a higher-priority person is willing and capable of serving.

Priority 1: Surviving spouse or adult interdependent partner. Alberta recognizes both married spouses and adult interdependent partners (common-law relationships of 3+ years, or those with a written AIP agreement). The surviving partner has first right to apply.

Priority 2: Children of the deceased. If there is no surviving spouse or partner, or if that person declines to act, the deceased's adult children may apply. If multiple children want to apply, they can serve jointly as co-administrators, though this introduces its own complications around signing authority and disagreements.

Priority 3: Parents of the deceased. If the deceased had no surviving spouse and no children, the parents may apply.

Priority 4: Siblings and more distant relatives. The priority continues outward through brothers and sisters, then nieces and nephews, then more distant kin. In practice, estates rarely reach this tier without also involving the Office of the Public Guardian and Trustee.

Priority 5: The Public Trustee. If no family member steps forward or the estate is under $75,000 with a minor or represented adult as a beneficiary, the Office of the Public Guardian and Trustee may accept a referral to administer the estate.

A person lower on the priority list can apply if all higher-priority individuals consent in writing. For example, if the deceased's spouse does not want to serve as administrator, they can file a written renunciation, allowing a child to apply instead.

How to Apply: The GA Form Sequence

Whether you are applying for a Grant of Probate or a Grant of Administration, Alberta uses the same GA (Grant Application) form family, introduced in June 2022 to replace the older NC forms. The forms must be completed in a strict sequence — submitting them out of order results in rejection by the court.

GA1 — Grant Application. This is the core application form. For an administration (no will), you identify yourself, explain your relationship to the deceased, confirm that no valid will exists (or that the will does not name a functioning executor), and list the names and addresses of all persons entitled to share in the estate under the intestacy rules.

GA2 — Inventory. A detailed schedule of every asset the deceased owned, both inside and outside Alberta, along with all known liabilities. Real estate must be listed with the exact legal land description from the certificate of title. Financial accounts need the institution name, account number, and balance as of the date of death. The GA2 must be thorough — omissions can delay processing or trigger judicial queries.

GA3 — Notice to Beneficiaries. Before the court accepts your application, you must serve this notice on every person entitled to share in the estate. For intestate estates, this means every person identified under the Wills and Succession Act distribution rules — the surviving spouse, children, and potentially parents and siblings depending on the family structure.

GA4 — Notice to Public Trustee. Required if any beneficiary is a minor (under 18) or a represented adult who lacks legal capacity. The Public Trustee reviews the application to protect the vulnerable beneficiary's interests. The Land Titles Office will refuse to transfer property if minors are involved without the Public Trustee's registered consent.

GA5 — Affidavit of Service. After serving GA3 and GA4, you swear this affidavit before a commissioner for oaths to prove that all required notices were properly delivered.

For an intestate estate, you will also need to provide proof that you hold priority to apply — typically identification documents and proof of your relationship to the deceased.

The Bond Requirement

This is the major additional hurdle for administrators that executors with a valid will usually avoid. When there is no will, the Court of King's Bench may require the administrator to post a surety bond before issuing the grant. The bond protects the estate's beneficiaries against potential mismanagement or fraud by the administrator.

The bond amount is typically set at the full value of the estate's personal property (everything except real estate). Obtaining a surety bond requires applying to an insurance company, paying a premium (usually 1% to 3% of the bond amount annually), and sometimes providing personal financial guarantees.

The court has discretion to dispense with the bond requirement in certain circumstances — for example, if all adult beneficiaries consent in writing, or if the estate is small and the administrator's financial standing is beyond question. Your application can include a request to waive the bond, but the court is not obligated to grant it.

The Alberta Estate Settlement Guide covers both the probate and administration pathways, including how to draft a bond waiver request and what the court looks for when deciding whether to dispense with the requirement.

Costs and Processing Times

Filing fee: $300 to open the estate court file, regardless of whether you are applying for probate or administration.

Probate fee (applies to both grants): Calculated on the net value of the estate using a tiered scale:

• Under $10,000: $35
• $10,000 to $25,000: $135
• $25,000 to $125,000: $275
• $125,000 to $250,000: $400
• Over $250,000: $525 (the maximum)

Alberta's maximum of $525 is remarkably low compared to provinces like Ontario and British Columbia, which charge percentage-based fees that can run into tens of thousands of dollars on larger estates.

Processing time: Paper applications submitted to the Court of King's Bench typically take 6 to 12 weeks, with urban centres like Edmonton sometimes experiencing longer backlogs. Applications submitted electronically through the Surrogate Digital Service — available to self-represented Alberta residents — may clear in 2 to 4 weeks if there are zero deficiencies. Administration applications sometimes take longer than probate applications because the absence of a will introduces additional judicial scrutiny.

Bond costs (if required): 1% to 3% of the bond amount annually, paid as an insurance premium. This is an ongoing cost until the estate is closed and the bond is discharged.

Complications for Out-of-Province Applicants

If you live outside Alberta but the deceased owned property or held assets in the province, the process becomes substantially more complex.

Surety bond is almost certain. When the administrator resides outside Alberta, the court's default position is to require a bond. Getting it waived is significantly harder than for an Alberta resident.

Re-sealing foreign grants. If probate or administration was already granted in another Canadian province, you cannot simply present that grant to Alberta institutions. It must be formally "re-sealed" by the Alberta Surrogate Court before the Land Titles Office or financial institutions will recognize its authority. This involves a separate application and additional fees.

Notarization requirements for mail-in documents. Out-of-province applicants who need to order Alberta death certificates must complete a Statutory Declaration for Proof of Identity, signed with wet ink before a Notary Public. Electronic signatures and remote commissioning are rejected. The original documents must be mailed to Registry Connect — photocopies and faxes are not accepted.

What Happens After the Grant Is Issued

Once the court issues the Grant of Administration, you hold the same legal authority as a named executor with a Grant of Probate. You can close bank accounts, liquidate investments, transfer real property through the Land Titles Office, file the terminal T1 tax return, and ultimately distribute the estate.

The critical difference is that you must distribute according to the intestacy rules in the Wills and Succession Act, not according to anyone's personal wishes. The surviving spouse or adult interdependent partner receives a preferential share, with the remainder divided among children. If there are no children, the spouse receives the entire estate. If there is no spouse, the estate passes to children equally, then to parents, then to siblings, following the statutory hierarchy.

You are also bound by the same fiduciary duties as any personal representative: preserve estate value, pay debts in proper priority, serve NGA notices to interested parties, publish creditor notices via GA 15, file all tax returns, obtain a CRA Clearance Certificate using Form TX19 before final distribution, and account to beneficiaries at least every two years.

Whether you are navigating a Grant of Probate or a Grant of Administration, the Alberta Estate Settlement Guide provides the complete step-by-step framework — from the first 48 hours through final distribution — including every GA form, every deadline, and every liability trap specific to Alberta.

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