Alberta Probate Forms Guidance

Alberta GA Forms — Guidance & Instructions (SDS Clerk‑Focus Edition)

This guide reflects typical Surrogate Digital Service (SDS) clerk review focus areas so you can avoid returns and delays.

1) Pick the correct Judicial Centre

For instance, the deceased lived in Okotoks. Although the funeral is in Edmonton, the correct judicial centre is Calgary, because it’s the closest by road to the last residence. Filing in Edmonton may cause delay while the registry redirects or returns it.

·         File where closest by road to the deceased’s last residence.

2) Caveats & conflicts

For instance, a sibling files a caveat alleging an earlier Will. When your application is submitted, the registry’s search shows the caveat and the file pauses. No grant issues until the caveat is withdrawn or the dispute is resolved—so further steps won’t move the file until then.

·         Registry checks for caveats/conflicts; if a caveat exists, the matter pauses until resolved.

3) Proof of death must match GA1

For instance, the death certificate lists “Anne” but GA1 says “Ann.” The clerk will likely return the file. Correct GA1 (and any affidavits) to match the certificate exactly, or include AKAs in GA1 and explain the variance in Irregularities.

·         Attach death certificate or funeral director’s statement.

·         Names (including AKAs) and date/place must match GA1 exactly.

4) Wills & endorsements

For instance, the Will references a separate personal property memo. Include it with your filing or explain in GA1 Irregularities. If witnesses cannot be located for an older Will but a friend recognizes the testator’s handwriting, use GA9 (Handwriting) instead of GA8. If the Will sets a 30‑day survivorship, mirror that in GA1 or explain why not.

·         Collect Will and any codicils; names/AKAs must match GA1.

·         If Will references a memo/list, include it or explain in GA1 Irregularities.

·         If Will has a survivorship period (e.g., 30 days), mirror it in GA1 or explain variance.

·         Affidavit of execution (GA8) or handwriting (GA9). Legacy NC affidavits sworn before June 15, 2022 are acceptable; after that, use GA8/GA9.

5) Priority to apply, renunciations & nominations

For instance, two adult children are named co‑executors, but only one can act. The other swears GA11 (Renunciation); if a non‑named child is better placed to apply, a named executor signs GA13 (Nomination). If a sibling is undecided, they may file GA12 (Reservation). If bonding would otherwise be required, gather GA14 consents to waive or reduce.

·         List everyone with equal/greater priority (executor named, spouse/AIP, adult child, etc.).

·         Use GA11 to renounce; GA13 to nominate; GA12 to reserve rights; GA14 for bond waivers/reductions.

6) Notices & service

For instance, there are three adult beneficiaries and one charity. Serve each with GA3 and swear a GA5 for each recipient. If there is a 16‑year‑old grandchild beneficiary, also serve GA4 on the Public Trustee and file GA5 as proof. Keep delivery confirmations where email/courier is used.

·         Serve GA3 on all beneficiaries/interested parties; use GA5 for proof (one per person).

·         If a minor/incapable person has an interest, serve GA4 on the Public Trustee and prove service with GA5.

7) Inventory cross‑checks

For instance, GA2 lists a TFSA with a named beneficiary outside the estate, but GA1 treats it as part of residue. Expect questions or a return unless you clarify the designation or exclude non‑estate assets from residue calculations.

·         Complete GA2 accurately; ensure bequests/residue in Will and statements in GA1 align with assets listed.

8) Intestacy specifics

For instance, the deceased leaves a spouse and a 22‑year‑old child and no Will. Select Administration on GA1, identify the spouse/child as intestate successors, and obtain GA11/GA13 from equal‑priority applicants who aren’t applying. Explain any name or status variations in GA1 Irregularities.

·         In no‑Will cases, list intestate successors accurately and explain any irregularities in GA1.

9) Support‑document quality

For instance, your GA8 was signed without a Commissioner’s stamp/expiry. The registry will return it. Re‑commission the affidavit properly—place, full date, Commissioner for Oaths/Notary signature and printed name, and expiry (if applicable) must appear.

·         Each affidavit/declaration must be properly commissioned (place, date, commissioner’s name/expiry).

·         Upload under the correct document type; SDS does not accept Chambers/C‑forms instead of GA forms.

10) After the Grant

For instance, once Probate is granted, send GA7 to all who received GA3 so they know the Grant has issued and can coordinate with you. If the estate has potential trade creditors (e.g., a sole proprietorship), consider GA15–GA17 to publish notice and document responses before distributing.

·         Send GA7 — Notice of Grant Issuing.

·         Consider GA15–GA17 creditor‑notice steps to mitigate risk before distribution.

Quick decision map

For instance, if, while drafting, you learn a beneficiary is now under a trusteeship order, update the package: add GA4 to serve the Public Trustee and GA5 as proof; if the named executor declines, add GA11 (or GA13) and proceed; if the Will is holograph, swap GA8 for GA9; if translation is needed, add GA10; for a trust that continues post‑grant, plan GA20 (and GA18 if the named trustee won’t act); and if bonding is flagged, gather GA14 consents.

·         Minor/incapable stakeholder → GA4 + GA5

·         Executor won’t act / equal priority conflict → GA11 or GA13; optional GA12

·         Holograph or missing witness affidavit → GA9; else GA8

·         Translation needed → GA10

·         Trusteeship issues → GA18/GA20

·         Bond concerns → GA14

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