When someone passes away in Alberta, their estate often needs to go through a court process before assets can be transferred. This process is called a Grant of Probate if there is a valid will, or a Grant of Administration if there is no will. Many people are unsure of the difference. Here is what you need to know.
What is Probate?
Probate is the legal process of confirming a will and giving the executor authority to act. The court reviews the will, confirms that it is valid, and issues a Grant of Probate.
With this grant, the executor can:
- Access bank accounts and investments
- Sell or transfer real estate
- Deal with government agencies such as Alberta Land Titles
- Pay debts and taxes
- Distribute assets to beneficiaries named in the will
Probate provides assurance to banks, land titles, and other institutions that the executor has the legal right to handle the estate.
What is Administration?
If someone dies without a will, there is no executor. In that case, an interested person (often a spouse, adult child, or other close relative) can apply to the court for a Grant of Administration.
The court then appoints this person as the administrator of the estate. An administrator has the same responsibilities as an executor, but instead of following a will, they must follow Alberta’s Wills and Succession Act to decide who inherits.
The law sets out a specific order of distribution, starting with the spouse or adult interdependent partner, then children, and then other relatives if necessary.
Key Differences Between Probate and Administration
| Aspect | Probate | Administration |
|---|---|---|
| When used | There is a valid will | There is no valid will |
| Who applies | Executor named in the will | Spouse, adult child, or close relative |
| Authority comes from | The will, confirmed by the court | Appointment by the court |
| Distribution of estate | As directed in the will | As required by Alberta’s Wills and Succession Act |
| Court document issued | Grant of Probate | Grant of Administration |
Why It Matters
Whether an estate needs Probate or Administration depends on whether a will exists. Both processes give legal authority to deal with the estate, and both require the person in charge to act carefully, pay debts and taxes, and distribute the estate correctly.
Trying to transfer property or access accounts without the right grant usually leads to delays and problems.
Probate and Administration are similar in that both involve court approval, but the key difference is whether there is a will. If you are named as an executor, or if you need to apply as an administrator, getting legal advice early can make the process much smoother.
At Bosecke LLP, we help clients prepare and file applications for both Probate and Administration. We guide you through each step so you can meet your responsibilities and settle the estate with confidence.
Contact our team today to discuss your situation.
