Losing a loved one is never easy, and in the middle of grief, the thought of paperwork and court forms can feel overwhelming. Families often find themselves juggling funeral arrangements, trying to comfort one another, and at the same time wondering what has to be done with the deceased person’s estate.

The first question people usually ask is whether there is a will. If there is a need, the executor named in the will can step in and guide the estate through probate. But sometimes there is no will, or the person named as executor cannot take on the role. In these moments, someone else needs to step forward and apply to the court for a Grant of Administration.

This grant is more than just a formality. It is what allows a trusted person to take care of the estate: gathering bank accounts, paying outstanding bills, and making sure what remains is passed on to the right people. Without it, banks, Land Titles, and other institutions cannot release assets, leaving the family in limbo at a time when they most need clarity and closure.

It is the first step in bringing order to a difficult situation and ensuring the estate can be settled with fairness and care.

Grant of Administration Alberta

A Grant of Administration is a court order from the Court of King’s Bench of Alberta that appoints someone or even a public trustee to manage a person’s estate when there is no executor who can do the job. In Alberta, the law uses the term “Personal Representative” for anyone who is legally responsible for carrying out this legal process.

There are two common situations where a Grant of Administration is needed. The first is when there is no will. If the deceased person didn’t leave a valid will, the court may issue what’s called a Grant of Administration (Intestate). “Intestate” simply means there’s no will.

The second is when there is a will, but the named executor isn’t able to act. This might happen if the executor has already passed away, doesn’t want the role, or isn’t eligible to serve. In that case, the court may issue a Grant of Administration with Will Annexed. The will still controls how the deceased’s assets are divided, but a different person is appointed to carry out the work.

Once appointed, the Personal Representative has the legal authority to take care of the estate.

How Is a Grant of Administration Different From a Grant of Probate?

Both a Grant of Probate and a Grant of Administration are court approvals that give someone the legal authority to deal with an estate. The difference comes down to the circumstances.

The probate process is used when there is a valid will and the executor named in that will is able to act. The Surrogate Court confirms the will and gives that executor the authority to move forward.

A Grant of Administration is used when there is no will, or when the executor named in the will cannot act. In this situation, the Alberta court appoints a Personal Representative. It directs them to distribute the deceased’s estate according to Alberta’s intestacy laws or, if there is a will but no executor, according to the will itself.

Put simply, when a person dies, the probate application confirms the will and the executor. At the same time, the administration appoints someone new when the will is missing or the executor cannot serve.

What Is the Minimum Amount for a Grant of Probate?

There is no specific minimum dollar amount in Alberta that automatically requires a grant. Whether one is needed depends on the assets in the estate and the policies of the institutions involved.

Sole-owned Alberta real estate almost always requires a grant before Land Titles will allow a transfer. Joint assets with a right of survivorship, such as joint bank accounts or a home held in joint tenancy, usually pass directly to the survivor without a grant. However, there are still exceptions, and each situation is unique. Registered plans and insurance with named beneficiaries, like RRSPs, RRIFs, TFSAs, and life insurance, also pay directly to the beneficiary.

For smaller estates with only modest bank accounts, some financial institutions may release funds without a grant if you provide proof of death and identity. However, each bank has its own threshold and rules, so the best approach is to make a list of all assets, contact each institution, and ask what they require.

Who Can Apply to Be the Personal Representative

In Alberta, someone may want to step into the role of a Personal Representative because it gives them the legal authority to protect the estate, pay debts, and ensure the right people receive their inheritance. It can feel like a lot of work, but being the administrator also comes with important benefits. It allows you to safeguard family assets, prevent unnecessary delays, and gives you the peace of mind that your loved one’s affairs are handled fairly.

Alberta law sets out a priority list for who can apply if there is no will. The surviving spouse or adult interdependent partner usually has the first opportunity, followed by the deceased’s children, and then other close family members and next of kin. If there is a will but the named executor cannot act, the beneficiaries named in the will generally have priority.

If a person with a higher priority does not want the role, they can sign a renunciation so someone else can apply. When several people are at the same level, the court may appoint them together or appoint one of them individually. In situations where there is disagreement or where beneficiaries may be vulnerable, the court might prefer to appoint a Public Trustee as a neutral professional. The Public Trustee may also be appointed if no family member, friend, or other suitable person is available or willing to take on the responsibility.

To qualify as a personal representative in Alberta, a person must be at least 18 years old and mentally capable of managing the duties. They should also live in Alberta or have a strong enough connection to the province for the court to be satisfied. However, in some cases, non-residents may still be appointed if appropriate.

It is a careful, paperwork-heavy role that also involves good judgment and communication. Administrators are entitled to compensation for this work. The amount is paid out of the estate, and the amount must be fair and reasonable for the time and effort spent managing the process.

How Long Does a Grant Application Take in Alberta?

The time it takes to receive a Grant of Administration in Alberta can vary, but there are two main stages to consider. The first stage is the preparation for the grant application. Before filing, the administrator must gather all necessary documents, prepare a full inventory of the estate’s assets and debts, and arrange for any valuations or appraisals that might be required. If everything is well-organized, this stage can usually be completed within two to six weeks, but missing paperwork or difficulties locating beneficiaries can extend the timeline.

The second stage is the court review. Once the application is filed, the court reviews the paperwork. For straightforward applications, grants are often issued within six to twelve weeks. If the court requests clarifications or if there are unusual issues, such as a foreign death certificate or uncertainty about family status, the process can take longer.

Even after the grant is issued, more time is needed to settle the estate. The administrator must collect and transfer assets, sell any property, file final tax returns, and sometimes obtain a tax clearance certificate. For many straightforward estates, this means the process can wrap up in a few months, while estates with property sales, tax complexities, or disputes may take a year or more to complete.

How Much Does a Grant of Administration Cost in Alberta?

Think of the cost in three buckets.

The first is court filing fees. In Alberta, the government charges a probate or grant fee based on the net value of the deceased person’s estate. For example: $35 if the estate is $10,000 or less, $135 for estates between $10,001 and $25,000, $275 for estates between $25,001 and $125,000, $400 for estates between $125,001 and $250,000, and $525 for estates over $250,000.

The second bucket is disbursements. These are out-of-pocket expenses, such as death certificates, courier or process-server fees, land title searches, appraisals or valuations, photocopying, postage, and possibly advertising if you need to notify creditors or relevant parties involved. The amount can vary significantly depending on the number of assets, their distribution, and the complexity of the estate.

The third bucket is legal fees. At DLegal, for example, we offer a very reasonable flat fee + a percentage of the net value of the estate, to support you through your estate administration matter.

Getting the Support of an Estate Lawyer

Settling an estate is rarely straightforward. The process involves detailed paperwork, strict timelines, and rules that can be overwhelming if you are handling them on your own. Mistakes or missing information can cause frustrating delays. That is why many families choose to work with an experienced law firm.

At DLegal, we make the process as smooth as possible. Our team of estate lawyers handle everything from serving notices and preparing the Alberta court application to working with banks and Land Titles on your behalf. We will walk you through each step, explain your options in plain language, and provide straightforward pricing for simple estates along with clear estimates for more complex files.

If you are ready to take the next step, reach out today to get started. You will leave with a clear action plan detailing your responsibilities, a realistic timeline, and the confidence that the estate is in good hands.

The content of this article is intended to provide a general guide to the subject matter and should not be considered legal or other professional advice. To get detailed information regarding your specific circumstances, please discuss your situation with a lawyer or other professional. Refer to our Legal Notice  for more details.