A Guide to Filing with the Surrogate Court in Alberta

Navigating the Surrogate Court of Alberta can feel daunting, especially if you’re handling the estate of a loved one or stepping into the role of executor for the first time. Understanding what’s expected in the filing process can make it less intimidating. In this guide, I’ll walk you through key aspects of filing with the Surrogate Court of Alberta, from basic definitions to the types of documents you’ll need.

What is the Surrogate Court?

In Alberta, the Surrogate Court—an arm of the Court of King’s Bench—deals with matters of wills and estates, represented adult matters (i.e. adult guardianship/trusteeship), and trusteeship of a minors property. This court is responsible for granting the authority to executors or administrators to administer the estate of a deceased person. When someone passes away, their assets, properties, and other personal effects may need to go through probate or administration. Probate is the process of validating a will (if there is one) and confirming the authority of the executor. Administration is the process of appointing an administrator of an estate when no will exists.

Who Needs to File?

In Alberta, if no will exists a grant of administration should be applied for. If a will does exist you may need to apply for a grant of probate for the following cases:

• The deceased owned real estate or significant assets solely in their name.

• Financial institutions, insurance companies, or other organizations holding the deceased’s assets require a grant of probate before releasing funds.

• The will is disputed, or there’s ambiguity regarding the executor's authority.

Executors, also known as personal representatives, are generally responsible for filing the probate application. However, if there’s no will, an administrator will be appointed to handle the estate and they will be responsible for filing the administration application.

Key Steps for Filing in Surrogate Court

• Gather the Necessary Documents
  Filing for probate in Alberta requires a series of specific forms and documents:

  • Original Will: If there is a will, the original document must be submitted to the court including a GA8 affidavit of witness to a will or a GA9 affidavit of handwriting if a GA8 cannot be completed or located.

  • Death Certificate/Proof of Death: This is typically issued by Vital Statistics or the funeral home.

  • Application Form (GA1): This form provides the court with information about the deceased, the estate, the applicant, and the beneficiaries.

  • Inventory of Assets and Liabilities (GA2): This document details all of the estate’s assets and debts.

  Additionally, certain other forms may be required depending on the complexity of the estate and any unique circumstances.

• Complete and Organize the Forms
  Accuracy is crucial when completing application forms. The Surrogate Court clerks review thousands of applications each year, and any mistakes can delay the process. Make sure to double-check all information, cross-referencing with the supporting documents.

• Pay the Probate Fees
  The probate fee in Alberta is based on the net value of the estate. Fees are typically calculated as a percentage of the estate’s total value, with set thresholds. Having a clear inventory of assets helps to estimate and pay the correct fee. The fees are as follows:

  • If your estate is worth $10,000 or less, you would pay $35 in Surrogate fees.

  • Over $10,000 but not more than $25,000, you would pay $135 in Surrogate fees.

  • Over $25,000 but not more than $125,000, you would pay $275 in Surrogate fees.

  • Over $125,000 but not more than $250,000, you would pay $400 in Surrogate fees.

  • Over $250,000, you would pay $525 in Surrogate fees.

• Submit the Application to the Court
  Once all the forms are completed, the application can be submitted to the Court of King’s Bench Surrogate section. If you’re unsure about any of the paperwork or processes, a probate consultant can offer invaluable assistance, saving you time and reducing stress. The only documents that are filed on your first visit are the GA1 application, the death certificate/proof of death, and the original will.

• Filing Requirements

  When filing your documents at the Surrogate counter the Surrogate clerk will ensure the following criteria is met in order to file:

  • The application is being filed in the correct jurisdiction - based on the deceased’s last place of residence.

  • The deceased’s name matches section 1.1 of the GA1, the will, and the death certificate.

  • The deceased’s date of death in section 1.1 matches the date of death on the death certificate.

  • If there is a will the original is being provided, that the GA8/G9 are among the documents, and that the exhibit A marking is affixed to the back of the signature page of the will.

  • The GA1 has been sworn/affirmed by a notary public/lawyer/commissioner of oaths.

  • That the applicant's contact information has been provided.

  Please note that the clerks job is to file your documents, they are unable to provide legal advice and help you fill out the application or other forms.

• Filing your Proof of Service

  Once the application has been filed, the next step is to serve all the beneficiaries and people with interest in the estate. For most people they will be served with a copy of the application, the will, the GA2 inventory, and a GA3 notice to beneficiary or person interested in the estate. Once served the applicant will commission an GA5 affidavit of service with the served documents attached as exhibits and file it with the Surrogate Court.

• Wait for Approval
  The approval timeline varies depending on the completeness of the application and the court's volume. On average, the process may take anywhere from a few weeks to several months, so patience is essential. Once the grant is issued, the executor can begin distributing the estate.

Common Mistakes to Avoid

Filing with the Surrogate Court can be complex, and common mistakes can lead to delays:

• Missing Documents: Even one missing form can lead to a rejection or request for more information.

• Incorrect Information: The executor’s name, address, and other critical details must match exactly across all forms.

• Failure to Value Assets Accurately: Ensure the values listed are accurate and up-to-date, especially for assets like real estate or investments.

Seeking Professional Help

As someone who has worked extensively with the Surrogate Court in Alberta, I know firsthand the attention to detail required in probate applications and administration applications. Many families prefer to work with a probate consultant to avoid the stress of tackling legal paperwork on their own. A consultant can review the application, advise on asset valuation, and ensure all forms meet the Surrogate Court’s standards all while charging significantly less than lawyers.

At the end of the day, dealing with the Surrogate Court is about creating a smooth process to settle a loved one’s estate with respect and care. With proper preparation and guidance, you can navigate the application process effectively and fulfill your responsibilities as an executor.

Final Thoughts

While probate or administration in Alberta may appear complex, it’s manageable with the right approach and resources. Understanding the requirements, gathering all necessary documents, and filling out each form accurately will go a long way in ensuring a smooth probate process. If you’re handling an estate or have questions about the process, feel free to reach out. I’m here to provide insights and guide you through each step with confidence.