Edmonton Probate Applications
What is a Probate Application?
Probate applications in Edmonton are made to the Surrogate Court of Alberta, usually at the Law Courts Building in downtown Edmonton. The applications are typically “paper” applications where documents are submitted by the lawyers or self represented applications, vetted by the Surrogate Court clerks office and then submitted to a Judge of the Surrogate Court of Alberta. Many of the requirements are set out in the Surrogate Rules. The purpose of an Application for Probate is to get a Judge of the Surrogate Court of Alberta to verify the validity of the last will and testament of the person who has died.
Accordingly, a probate application is a fairly complex legal matter, even in simple situations, due to the technical legal requirements and the seriousness of the application. Banks and other financial institutions will require that a Grant of Probate be obtained prior to releasing funds from the deceased’s bank account. If there is a relatively small amount of money in the account then an exception might be made. Each bank has their own rules. If there is land involved then the Land Titles Act of Alberta requires that a grant of probate be obtained. There is really no way around this. “Land” includes houses, condominiums, lake properties and the like.
Surrogate Rules – Grants of Probate, Rule 10
ALBERTA REGULATION 130/95
Application for Grant
Grants 10(1) The following grants may be applied for under this Part:
(a) grants that are unlimited and unrestricted, including
(i) a grant of probate;
(ii) a grant of administration with will annexed (cum testamento annexo);
(iii) a grant of administration;
(iv) a supplemental grant (cessate);
(v) a grant of double probate;
(b) grants that are limited to part of the deceased’s property, including
(i) a grant of administration of unadministered property (de bonis non administratis);
(ii) a grant of re-sealed probate with respect to property in Alberta;
(iii) a grant of re-sealed administration with respect to property in Alberta;
(iv) a grant of administration limited to specific property;
(v) a grant of administration of property not included in another grant (caeterorum bonorum);
(vi) an ancillary grant;
(c) grants that are for a limited time, including
(i) a grant of administration until a will is found;
(ii) a grant of administration during the minority, absence or mental incompetence of the personal representative (durante minoritate, absentia, dementia);
(d) grants that are for a limited purpose only, including
(i) a grant of administration when the validity of a will is in question (pendente lite);
(ii) a grant of administration for the purpose of litigation (ad litem);
(iii) a grant of administration for the preservation of property (ad colligendum bona defuncti);
(iv) a grant of administration limited to a specified matter.
(2) The court may issue any grant that is not referred to in subsection (1) that the court considers proper in the circumstances.
AR 130/95 s10;132/2000