AB Surrogate Court (Probate) Process

What is Surrogate Court, What is “GA”, Do I need a Grant of Probate or Administration?

What “GA” means, and what the Surrogate court is

GA stands for Grant Application. In Alberta, all non-contentious estate applications filed on or after June 15, 2022 use standardized GA-series forms (GA1, GA2, GA3…GA20). These replaced the older “NC” forms to simplify probate and administration filings. Alberta.ca+1

“Surrogate” is the name Alberta uses for estate matters (probate/administration) within the Court of King’s Bench of Alberta. You’ll see it described as “King’s Bench (Surrogate)” or simply “Surrogate Court.” It’s the court that issues estate Grants (e.g., Grant of Probate, Grant of Administration). Alberta Courts+1

How filing works (self-represented applicants)

Most self-represented people file paper GA forms at the King’s Bench (Surrogate) registry; the Surrogate Digital Service (SDS) is the government e-filing system used by lawyers. (The SDS site itself says it enables filings “through their lawyers.”) From time to time, the court may require certain narrow categories of applications to be submitted via SDS; check current announcements if your fact-pattern might fall into one of those categories. Surrogate Alberta+2Alberta Courts+2

At a high level, a typical self-rep process looks like this (non-contentious file):

1. Choose the correct Judicial Centre (the one closest by road to the deceased’s last residence). Clerks check and may correct this, but getting it right avoids delays. Surrogate Alberta

2. Clear conflicts: the registry will search for caveats or competing applications. A caveat pauses the file until resolved. Surrogate Alberta

3. Prepare your GA forms:

   • GA1 (Grant Application) is your main form.

   • GA2 (Inventory) lists assets/debts at date of death.

   • GA3 (Notices) must be served on beneficiaries/other interested parties, with GA5 (Affidavit of Service) filed as proof.

   • Add supporting affidavits as needed (e.g., GA8 witness affidavit or GA9 handwriting for a holograph Will). Alberta.ca

4. Attach proof and explain anomalies: include death certificate/funeral director’s statement; make sure names/AKAs, dates, and survivorship clauses align with what you put in GA1. Use the “Irregularities/Explanations” area in GA1 if something doesn’t match perfectly. Clerks return files for common issues flagged in their review checklist. Surrogate Alberta

5. Serve anyone else who must be notified: for minors/incapable persons with an interest, serve the Public Trustee using GA4, and prove service with GA5. Alberta.ca

6. Handle priority to apply: if someone with equal or higher priority isn’t applying (e.g., a co-executor), include GA11 (Renunciation), or GA13 (Nomination) if they’re nominating you; GA12 (Reservation) if they want to keep the right to apply later. GA14 records beneficiary consent to waive/reduce a bond if bonding would otherwise be required. Alberta.ca

7. File your package at the registry for the correct Judicial Centre. After the Grant issues, send GA7 (Notice of Grant Issuing) to those you served earlier. CPLEA.CA+1

Probate vs. Administration (what to file and when)

Grant of Probate (there is a valid Will)

File Probate when there’s a valid Will naming an executor (called a “personal representative”). Use GA1 (select Probate) plus the usual supporting forms (GA2, GA3/GA5), and GA8 (witness affidavit) or GA9 (handwriting) depending on your Will. Choose Probate if you need court authority to collect/sell assets, deal with banks/land titles, or if third parties require a Grant. Alberta.ca+1

Example: Will with two adult beneficiaries and a named executor → GA1 (Probate), GA2, GA3/GA5, GA8 (or GA9 for a holograph Will). If a named executor declines, add GA11; if they nominate you instead, add GA13. Alberta.ca

Grant of Administration (there is no Will, or the executor can’t act)

File Administration when there’s no Will (intestacy), or when there is a Will but no executor is able/willing to act (then it’s often called “Administration with Will Annexed”). Use GA1 (select Administration), GA2, GA3/GA5, and priority documents (GA11/GA13/GA12) among those with the right to apply (spouse/AIP, adult children, etc.). Consider GA14 if a bond would otherwise be required. Alberta.ca

Example: No Will; spouse applies; there are adult children with equal priority → GA1 (Administration), GA2, GA3/GA5, plus GA11 from any equal-priority person who is not applying (or GA13 if they nominate the spouse). Alberta.ca

Special situations you should spot early

• Minors or incapable beneficiaries → Serve GA4 (Public Trustee) and file GA5 as proof. (You may also need Minors’ Property (MP) forms later when funds are held for a minor.) Alberta.ca

• Holograph or foreign-language Wills → Use GA9 (handwriting) for holograph; GA10 if a translation is needed. Alberta.ca

• Trusteeships under the Will (post-grant) → GA20 (Affidavit of Trustee); if a trustee won’t act, GA18 (Renunciation of Trusteeship). Alberta.ca

• Creditor risk → Consider publishing GA15 (notice to creditors) and filing GA16/GA17 to document publication and any claims before distributing. (Often optional, but prudent.) ClearEstate

Where to find the forms and current rules

• Official GA forms list (Government of Alberta) — the authoritative catalogue of GA forms for non-contentious estates. Alberta.ca

• SDS clerk review guidelines — shows what clerks check (judicial centre, caveats, proof of death, notices, renunciations, etc.). Reviewing this helps you avoid returns. Surrogate Alberta

• King’s Bench (Surrogate) page — general court info for Wills/Estates/Trusteeships. Alberta Courts