KARAKTER Realty · Calgary Estate Sales

Grant of administration vs grant of probate in Alberta: what changes for the home sale

The two types of court grants

Alberta's Surrogate Court (a division of the Court of King's Bench) issues two main types of grants for estates with real property:

Grant of probate — issued when there is a valid will and the named executor is willing and able to act. Validates the will and authorizes the executor.
Grant of administration — issued when (a) there is no will (intestate estate), (b) the named executor cannot or will not act, (c) the will is invalid, or (d) the will fails to name an executor.

For the purpose of dealing with a Calgary home — listing it, accepting offers, transferring title — the two grants have functionally identical authority. The administrator can do everything an executor can do.

Who can apply for grant of administration

Alberta's Surrogate Rules establish a priority order for who can apply when there's no will:

Surviving spouse or Adult Interdependent Partner.
Children of the deceased (in order of priority among them).
Other lineal descendants.
Parents.
Siblings.
More distant relatives.
The Public Trustee of Alberta (if no eligible private applicant).

If multiple eligible people apply, the court decides. Conflicts among potential administrators can delay the grant by months.

Administration bonds

Alberta's Estate Administration Act allows the court to require an administration bond — a surety bond covering the administrator's potential mishandling of estate assets. The bond is typically set at 1.5x the value of the estate. For a Calgary estate with a $700,000 home, that's a $1,050,000 bond.

Bonds are obtained from a bonding company; premiums run roughly 0.5-2% of the bond amount annually. The bond is paid from estate funds.

The court can waive the bond if all adult beneficiaries consent in writing and no minor beneficiaries are involved. This is the most common path in practice — beneficiaries waive the bond to avoid the cost.

Intestate distribution under the Wills and Succession Act

When there is no will, Alberta's Wills and Succession Act dictates who inherits. The general rules:

If a spouse/AIP survives and no descendants: entire estate to the spouse/AIP.
If a spouse/AIP and descendants survive (all from the same relationship): entire estate to the spouse/AIP.
If a spouse/AIP and descendants from another relationship: spouse/AIP gets a preferential share (typically the matrimonial home up to a statutory value) plus 50% of the residue; descendants share the rest.
No spouse, only descendants: descendants share equally.
No spouse or descendants: parents, then siblings, then more distant relatives.

This distribution formula is not negotiable. The administrator must follow it precisely. This often creates situations where the home must be sold to provide cash for distribution (since you can't split a single home among multiple inheritors).

Timeline differences

Administration grants typically take slightly longer than probate grants for an uncontested application — typical Alberta processing is 3-8 months for administration vs. 3-6 for probate. Contested applications (multiple people claiming priority to administer) can extend the timeline significantly.

Practical for the home sale

Once the grant of administration is issued, the home sale proceeds exactly as it would with a grant of probate. The administrator signs the listing agreement, reviews offers, signs closing documents. Title transfers to the buyer on completion. Proceeds flow per the intestate distribution formula.

What if a will is found after administration is granted?

The administrator must apply to the court to determine the will's effect. If the will is valid and names a different executor, the administration grant may be revoked and probate issued in its place. Any actions taken by the administrator in good faith before the will was found are generally protected — but transactions in progress may need to pause.

Frequently asked questions

What happens if there's no will when a Calgary homeowner dies?

The estate is intestate. A close family member applies to the Court of King's Bench for a grant of administration. Distribution follows Alberta's Wills and Succession Act formula — spouse/AIP first, then descendants, then more distant relatives. The home is typically sold to provide cash for distribution.

Who gets appointed as administrator if there's no will?

Alberta's Surrogate Rules give priority to the surviving spouse or AIP first, then children, then more distant relatives. If multiple eligible people apply, the court decides. Disputes can extend the timeline by months.

Does an administrator need a bond in Alberta?

A bond can be required (typically 1.5x estate value) but is commonly waived when all adult beneficiaries consent in writing. Bond premiums run 0.5-2% of bond amount; estate funds pay. Most Alberta administrations proceed with the bond waived.

This page is for general information only and does not constitute legal or tax advice. Alberta estate and probate law is complex; always engage an estate lawyer and a licensed Alberta REALTOR® for your specific situation. KARAKTER Realty is licensed under RECA.