Grant of Administration in Alberta (When There's No Will)

Reviewed by Megan Koper, JD, Lawyer & Principal at WillWise. Last reviewed: July 2026.

A grant of administration is a Court of King's Bench (Surrogate Division) order that appoints someone to settle an estate when the person who died left no valid will. It is the no-will counterpart to a grant of probate, which is used when there is a will that names an executor. Once the court issues the grant, the appointed person, called the personal representative or administrator, has the legal authority to collect the estate's assets, pay its debts, and distribute what remains under Alberta's intestacy rules. Who may apply is set by priority: under the Estate Administration Act and the Wills and Succession Act, the surviving spouse or adult interdependent partner has the first right, followed by the children, and then other relatives. In Alberta, a grant is typically issued one to three weeks after filing through the Surrogate Digital Service (SDS). At WillWise, we prepare and file the full application for you, with no retainer and no upfront fees.

What is a grant of administration?

A grant of administration is a court order that gives someone the legal authority to manage and distribute an estate when the person who died left no valid will. It is issued by Alberta's Court of King's Bench (Surrogate Division), commonly called the Surrogate Court. Because there is no will, no one has been named to act, so the court appoints a personal representative (also called an administrator) instead. Once the grant is issued, that person can access bank accounts, sell or transfer property, pay the estate's debts, and pass the remaining assets to the people entitled to them under Alberta law. In practice, the grant is the document that banks, land titles, and other institutions ask to see before they will release or transfer a deceased person's assets. It is part of the broader process of probate and estate administration in Alberta.

Grant of administration vs grant of probate: what's the difference?

The difference comes down to one thing: whether there is a valid will. A grant of probate confirms the authority of an executor named in a valid will. A grant of administration appoints someone to act when there is no valid will, so no executor was ever named. Both grants give the same core power, the legal authority to settle the estate, but they are triggered by different circumstances and rely on different rules. With a will, the will controls who inherits. Without a will, Alberta's intestacy rules in the Wills and Succession Act decide who inherits, and the Estate Administration Act decides who may apply to act.

Who can apply to be administrator in Alberta?

When there is no will, Alberta law sets an order of priority for who may apply to be administrator. The right generally follows the people with the largest interest in the estate under the intestacy rules, starting with the closest family. In our experience, the surviving spouse or adult interdependent partner usually applies, and the question only moves down the list when there is no one at a higher level, or when that person chooses not to act.

Under the Estate Administration Act and its regulations, the usual order of priority is:

1. The surviving spouse or adult interdependent partner

2. The children of the person who died (or their descendants)

3. Grandchildren and other descendants

4. The parents of the person who died

5. Brothers and sisters (or their children)

6. Nieces and nephews

7. Other next of kin, in order of closeness

8. A person the court considers appropriate, which can include a creditor or the Public Trustee

A person entitled to apply can also give up that right in favour of someone else at the same or a lower level. The court has the final say and can appoint a different person where that serves the estate, for example when the first-priority person lives outside Alberta or is unable to act. Who applies is a separate question from who inherits; for how the estate is divided, see what happens when there's no will.

How do you become administrator of an estate in Alberta?

You become administrator by applying to the Court of King's Bench (Surrogate Division) and receiving a grant of administration. You cannot simply start acting on your own, even if you are the obvious person to do so. In practice, the steps are:

1. Confirm there is no valid will.

2. Confirm you are the person with priority to apply (see the order above).

3. Gather the information the court needs: a full list of the estate's assets and debts, and the names of everyone entitled to inherit.

4. Notify those beneficiaries as required.

5. Complete the application and file it through the Surrogate Digital Service.

The court then reviews the application and, if everything is in order, issues the grant. Only at that point do you have the legal authority to deal with the estate's assets.

What does an administrator do?

An administrator does the same job as an executor: they are the personal representative responsible for settling the whole estate from start to finish. The core duties are to identify and secure the estate's assets, value them, pay the deceased's debts, taxes, and funeral costs, and then distribute what remains to the people entitled under Alberta's intestacy rules. Throughout, the administrator must keep clear accounts and act in the best interests of the estate and its beneficiaries. This is a genuine legal responsibility. An administrator can be held personally liable for mistakes, such as paying the wrong people or overlooking a debt, which is why many people ask a lawyer to guide them through the process.

<!-- Image slot: person reviewing documents at a table. alt="An estate administrator in Alberta reviewing asset and debt records before applying for a grant of administration" -->

How do you apply for a grant of administration through the SDS?

You apply through the Surrogate Digital Service (SDS), the online system Alberta uses for surrogate applications. The application is a set of documents rather than a single form: it includes the application to be appointed, a sworn affidavit, schedules listing the estate's property and debts, and notices sent to everyone entitled to share in the estate. You prepare these documents, serve the required notices, and then submit the package through the SDS. Court fees are set by the value of the estate and range from $35 for an estate of $10,000 or less up to a maximum of $525 for an estate over $250,000 (Alberta surrogate court fee schedule). Once filed, a grant is typically issued within one to three weeks; most of the total time is spent beforehand, gathering information and valuing assets. At WillWise, we prepare and file the entire application for you. Our fee is $2,500 plus 1% on the first $2,000,000 of estate value and 0.5% above that, plus GST, with no retainer and no upfront fees; legal fees are invoiced once the grant is received. The mechanics closely mirror a probate application, which you can read about in how to apply through the SDS.

Related pages

• Probate and estate administration in Alberta: the overview hub covering probate, administration, and settling an estate across Alberta.

• What happens when there's no will: how an estate is divided under Alberta's intestacy rules when someone dies without a will.

• How to apply through the SDS: the step-by-step application process for a grant through the Surrogate Digital Service.