Differences Between a Grant Of Probate and a Grant of Administration

Differences Between a Grant Of Probate and a Grant of Administration

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A grant of probate proves the validity of an individual’s will and grants authority to the executor, while a Grant of Administration is necessary when no Will can be found and an executor must be appointed.

A Grant of Probate is a Court order to prove the validity of the deceased person’s will and gives the person appointed in the will, the Executor, the authority to carry out the deceased person’s directions contained in the will and in accordance with the laws of Alberta. The Grant of Probate is issued when the person appointed as the Executor of the Will makes an application to the Court. The application will include the deceased person’s Will.

A Grant of Administration is a Court Order that is issued when no will can be found and the deceased person’s affairs need to be dealt with which may include the distribution of assets. Since there is no will, and the deceased has not appointed someone to deal with his or her financial affairs, a person can apply to the Court to become appointed as the Executor. Preference is given to an applicant in accordance with the Surrogate Court Rules. The applicant will then have the authority to deal with the administration of the deceased person’s estate.

If you require assistance with determining whether you require a Grant of Probate or Grant of Administration, we welcome you to contact our office for assistance with navigating the application process.

If you need assistance with determining whether you require a Grant of Probate or Grant of Administration, we welcome you to contact our office at 780-469-0494 or email us directly at reception@edmontonlaw.ca for assistance with navigating the application process.