What is a grant of administration in Alberta?

Not every estate administration begins with a clear will naming a willing executor. When it does not, the Court of King's Bench issues a Grant of Administration — the intestate equivalent of a Grant of Probate — to give someone the legal authority to manage the estate.

When a grant of administration is needed

A Grant of Administration is required in four main situations: the deceased died without a will (intestate); the will does not name an executor; the named executor has died, renounced, or is incapable; or the will is found invalid by the court. In any of these cases, someone must apply to the court to be appointed as administrator before any estate asset — including a Calgary home — can be dealt with.

Who is appointed as administrator

Alberta's priority order for administrator appointment follows the Wills and Succession Act: first priority is the surviving spouse or adult interdependent partner; second is adult children; third is parents; fourth is siblings; fifth is other relatives; and finally, in some cases, a trust company or the Public Trustee. The court grants administration to the highest-priority person who applies — it does not automatically appoint anyone.

The administration application

The application process is similar to a probate application but without the will as the central document. The applicant's lawyer files: an affidavit of administrator, a bond (in some cases — a financial guarantee that the administrator will faithfully administer the estate), an inventory of estate assets and liabilities, and notice to all persons who had equal or higher priority to apply and did not. Court processing typically takes 6–10 weeks for straightforward intestate estates.

Administration vs probate — practical differences

A Grant of Administration has the same practical effect as a Grant of Probate: the appointed administrator can sign listing agreements, execute transfer documents, and disburse proceeds. The administrator distributes the estate according to the intestacy provisions of the Wills and Succession Act rather than a will — which may mean a different distribution than the deceased would have chosen.

Listing the home before the grant

As with probate, an estate home can be listed before the Grant of Administration is issued — but the sale cannot close until the grant is in hand. Ryan coordinates with the estate lawyer on timing to ensure the administrator has the grant before the scheduled closing date.

Frequently asked questions

This page is for general information only and does not constitute legal or tax advice. Consult a qualified Alberta lawyer or accountant for advice specific to your situation.