Grant of Probate is a court document that establishes that the deceased is deceased, who the personal representative is, whether there is a will or not, and, if there is a will, if it is the final valid will and testament.
(It should be noted that the word “personal representative” is the current legal term for an executor/executrix, administrator/administratix, and judicial trustee.)
The Grant of Probate grants the personal representative legal authority to handle the estate of the dead individual. With a Grant of Probate, you will be allowed to act in the deceased’s place, and organisations such as banking institutions will be aware that you have the legal authority to do so.
A Grant of Probate is awarded when there is a will and the individual applying for the grant is the personal representative appointed in the will. If the persons specified in the will as personal representatives are unable or unwilling to assume their positions, a Grant of Administration with Will Annexed might be awarded to someone else. If no will is found, the court may grant administration.
To obtain a Grant of Probate, the person named in the will as personal representative must file an application with the Court of Queen’s Bench of Alberta (Surrogate Matters).
WHEN SHOULD YOU APPLY FOR A PROBATE GRANT?
If the estate holds any of the following assets entirely in the name of the dead, you must file for a Grant of Probate (or other form of grant, as the case may be):
a lot of money in the bank
Real estate investment portfolios RRSPs, RRIFs, or insurance money that enters into the estate (if they have their own beneficiaries, you don’t require a Grant of Probate)
Anything that necessitates legal proof of your authority to handle the asset
A Grant of Probate is not required for assets in a trust established by the deceased individual while alive or for managing joint property that passes to the other joint owner or owners.
PROBATE FORMS AWARDING
If the will is not in dispute, the personal representative must file a number of non-contentious (NC) documents. A list of regularly used forms is shown below. Not every form has to be utilised in every situation.
Renunciation of Probate Renunciation of Administration with the Will Annexed Renunciation of Administration with the Will Annexed Renunciation of Administration
Consent to Waive Bond Affidavit to Dispense with a Bond
Beneficiaries’ Notice (Intestacy)
(Matrimonial Property Act) Notice to Spouse
Notice to Deceased’s Spouse/Adult Interdependent Partner Notices to Deceased’s Dependent Child Notice to Public Trustee