A Grant of Probate is applied for to prove the validity of a Will. Once obtained the Grant of Probate gives the Personal Representative authority to deal with the assets and debts and taxes and to distribute the gifts in accordance with the terms of the Will.
WHAT IS A GRANT OF ADMINISTRATION?
A Grant of Administration is applied for when a person dies without a Will and held property and/or assets in their name alone. A Grant of Administration allows an interested party to be the Personal Representative and distribute the estate in accordance with the laws of Alberta.
IS IT ALWAYS NECESSARY TO OBTAIN A GRANT OF PROBATE OR GRANT OF ADMINISTRATION?
No. If the deceased had no property or assets, or if all property and assets were held jointly, a Grant of Probate or Grant of Administration is most likely not required.
IS A LAWYER REQUIRED TO OBTAIN A GRANT OF PROBATE OR GRANT OF ADMINISTRATION?
No. The required forms to apply for a Grant of Probate or Administration are available from the Queen’s Printer Bookstore in Edmonton and the Clerks of the Surrogate Court will assist with general questions. You can view these forms by referring to the Surrogate Rules of Court.
This is, however, a somewhat complicated and tedious task and I do recommend you seek the help of a lawyer. Please contact Jason Van Doesburg of Van Doesburg Law, (780) 451-2661, or visit vandoesburglaw.com for help with this matter.