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Learn the key differences between a Grant of Probate and a Grant of Administration in Alberta. Understand when each is needed and how to handle estates legally.
Difference Between Grant of Probate and Grant of Administration in Alberta
The death of a loved one is never easy. It can be even more stressful if your loved one left behind assets or liabilities that need to be taken care of. You may need a Grant of Probate or Grant of Administration to handle such assets and liabilities on your loved one’s behalf.
The difference between a Grant of Probate and a Grant of Administration can be confusing. Both types of Grants give people authority to manage estates, but they are used in different circumstances.
In this blog, we will break down the difference between these Grants so you can navigate the Grant application process with confidence.
What is a Grant of Probate?
A Grant of Probate is a legal document issued by the Alberta courts. It officially gives the Personal Representative (“PR”, also known as “Executor”) named in a will the authority to manage the deceased person’s estate, subject to the will instructions and any applicable instructions from the court.
What is a Grant of Administration?
A Grant of Administration, on the other hand, is used when a person dies without a valid will or none of the PRs named in the will are able or willing to act (for example, if all the named PRs have already passed away). In this case, the court appoints a PR to handle the deceased’s estate.
Sometimes, a person might apply for a Grant of Probate for a will, only to find out that there was some sort of issue with the will. When this happens, the court might issue a Grant of Administration, instead.
- Main Differences Between Grant of Probate and Grant of Administration
| Feature | Grant of Probate | Grant of Administration |
|---|---|---|
| Purpose | Gives the PR named in a will authority to administer the estate | Appoints a PR when there is no valid will or none of the PRs in the will are available |
| Used When | The deceased left a will | The deceased did not leave a valid will or none of the PRs named in a will can act |
| Decision Maker | A PR named in the will | A court-appointed PR |
Essentially, if the deceased left a will, obtaining a Grant of Probate is the typical route. If there was not a valid will, or the PRs named in the will cannot act, you may need a Grant of Administration.
When Do You Need a Grant of Probate or Administration in Alberta?
Not every estate requires a Grant. Small estates with simple assets might be able to transfer certain property without court involvement. However, you usually need a Grant when:
- The deceased owned property like real estate and vehicles in their name alone;
- Organizations like banks, investment firms, and government agencies require evidence of a court’s approval before giving the PR access to funds and accounts; or
- You need to sell real estate.
Steps to Obtain a Grant in Alberta
While the processes are similar, there are some differences between the Grant applications:
- For Grant of Probate:
- Locate the original will.
- Complete the required court forms, including an Application for Grant of Probate.
- Submit the forms and the death certificate to the court.
- Pay the application fees.
- Wait for court approval. The court may request additional information before issuing the Grant.
- Once approved, the court issues the Grant of Probate.
- For Grant of Administration:
- Identify who has priority to administer the Estate.
- Complete the required court forms, including an Application for Grant of Administration.
- Submit the forms and the death certificate to the court.
- Pay the application fees.
- Wait for court approval. The court may request additional information before issuing the Grant.
- Once approved, the court issues the Grant of Administration.
Why the Difference Matters
Knowing the difference between these two grants is important because it affects the following.
- Distribution Process: Distribution of assets varies depending on whether or not a valid will exists. When you apply for the Grant, you will need to demonstrate to the court that you understand how to properly distribute the estate assets. Which Grant you apply for affects the distribution section of the application form, so make sure to use the correct type of application.
- Time and Cost: Different Grants can involve different timelines and costs. For example, a Grant of Probate for a well-prepared will can be quicker to process than (a) a Grant of Probate for an improperly prepared will, or (b) a Grant of Administration for a situation where details are unclear or disputes have arisen. In circumstances like (a) and (b), you may have to spend more time and expense trying to sort out missing information and resolve disputes.
- Peace of Mind: Knowing which Grant to apply for can help reduce stress during a difficult time. For example, if you know which Grant to apply for and what steps to take next, you can approach the estate administration process with confidence and begin addressing the estate’s outstanding matters sooner rather than later.
Summary
To summarize:
- a Grant of Probate is for estates with a will, giving authority to a PR listed in the will; and
- a Grant of Administration is for estates that either do not have a valid will or have a will where the named PRs are unavailable, allowing the court to appoint a PR to manage the estate.
Looking after an estate in Alberta can feel complicated, but understanding the difference between a Grant of Probate and a Grant of Administration will help you prepare for what steps to take next.
- Need Help with Probate or Administration?
If you’ve lost a loved one and are unsure which Grant is applicable in your situation, or even if you know which Grant to apply for but need help figuring out how to complete the application or subsequent steps, get in touch with Forum Estates LLP. A knowledgeable estate lawyer can help you navigate the process smoothly.
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