When a family is in the midst of grieving the loss of a loved one, the addition of paperwork and the legal processes surrounding the deceased’s estate can be a major source of additional stress. It’s also often a source of confusion with many terms and concepts that you may not understand well. You may have heard of will probate in Alberta, but there are several paths estate management can take. Frequent sources of confusion are the terms “grant of probate” and “grant of administration.” As you explore working with wills and estates lawyers, understanding these terms is helpful. Let’s look at each and examine how legal support can help.

What Are the Different Kinds of Grants?

When we talk about a “grant of probate,” we’re referring to an estate where there is a valid will with a designated executor. This type of grant confirms that the executor has the legal authority to administer the estate as set out in the will. Once granted, it allows the individual to take the next steps in managing critical estate matters, from addressing creditors to making distributions to beneficiaries.

In contrast, a “grant of administration” is necessary when there is no will, no designated executor, or in cases where the named executor cannot or will not assume the duties required. Instead, a court appoints an administrator for the estate through a legal process. Once granted, as with probate, it allows the appointed administrator to begin managing the estate.

The Main Decision Points to Know

With an established will and a named executor, the path forward for families should be straightforward. For all but the smallest and simplest estates, a family will need to move forward with applying for a grant of probate. Because circumstances can vary widely, even small estates may still need to go through probate, making a discussion with a lawyer an important step.

If a will exists but the named executor cannot or will not fulfill their duties, then there will need to be an application for a grant of administration “with will annexed.” Likewise, in the case of intestacy (when there is no will), a grant of administration is necessary. The current laws in Alberta create a priority list for those who can apply for such a grant. Typically, a spouse or adult interdependent partner is first in line to apply, followed by children and other relatives. It is important to ensure the appropriate individual makes the application.

Crucially, either grant is typically required before financial institutions, such as banks, will release funds. Timely completion of the process is important to provide stability and a clear path forward for families.

How a Probate Lawyer Helps

The sooner an estate receives the appropriate grant, the sooner important steps can be taken.

By working with a lawyer, you can quickly understand which type of grant is necessary based on the facts surrounding the estate. You can then hand off the workload to the lawyer, relieving yourself of the stress and burden of managing the process on your own. A lawyer will handle the preparation and filing of the appropriate grant applications with the courts. This, in turn, accelerates the process and ensures that the correct documents reach the court on time.

If a grant of probate is not applicable and a grant of administration is necessary instead, a lawyer can also help mediate and resolve disputes when there are competing potential administrators. Legal support also helps determine who the estate’s beneficiaries are and to whom the grant applications need to be served. With support from wills and estates lawyers, you receive clarity about your path, support throughout the process, and a chance to resolve complications before they negatively impact the estate.

Find the Support You Need Today

You don’t need to navigate the will probate process in Alberta alone. At Lypkie Henderson, our experienced team helps you get the application process right the first time so you can avoid delays and achieve peace of mind during a difficult time. Let us help you understand your next steps with clear, direct assistance. Connect with our team today to learn about your next steps and receive personalized guidance tailored to your situation.