GA1 - Grant of Application
Neufeld Legal P.C. can be reached by telephone at 403-400-4092 or email Chris@NeufeldLegal.com
Form GA1 – Grant Application is the primary and most crucial form used with the Alberta Court of King's Bench: Surrogate Division for applying for a Grant of Probate (when there is a valid will) or a Grant of Administration (when there is no valid will). It is effectively the main application document that initiates the legal process of administering a deceased person's estate in Alberta. It consolidates essential information that the Court needs to review and approve before granting legal authority to a personal representative (executor or administrator) to manage and distribute the estate of the decedent.
The key information that is being sought by way of the Form GA1 - Grant Application for submission to the Court includes:
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Details of the Deceased: This section provides comprehensive information about the person who passed away, including their full legal name, any aliases, date of birth, date of death, and their last known address in Alberta.
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Information about the Applicant(s): This part focuses on the individual(s) applying to be the personal representative. It includes their personal details, their relationship to the deceased, and how they derive their authority to apply (e.g., named as executor in a will, or highest priority under the Wills and Succession Act if there's no will). This section also requires information about any renunciations from individuals with higher priority or nominations.
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Notification Requirements (Beneficiaries and Interested Parties): This is a critical section where the applicant lists all beneficiaries of the estate and other individuals who have a legal interest in the estate (e.g., a spouse or adult interdependent partner who is not inheriting the entire estate, minor beneficiaries, adult children with disabilities, or missing persons). It includes their names, contact details, and a brief description of what they are slated to receive (or their interest in the estate). This section also indicates who will be served with the GA3 (Notice to Beneficiaries and Other Interested Parties) form.
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Documents and Other Information for the Court's Consideration: This section outlines the supporting documents being filed with the application, such as the original will (if applicable), renunciation forms, and any other relevant affidavits or orders.
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Applicant's Oath or Affirmation: The applicant must sign and swear or affirm before a Commissioner for Oaths or Notary Public that the information provided in the form is true and accurate, and that they understand and undertake the duties and responsibilities of a personal representative as outlined in Alberta's estate laws (like the Estate Administration Act and Surrogate Rules).
With respect to the intended purpose of Form GA1 - Grant Application, this includes:
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Providing essential information to the court: It gives the Alberta Court of King's Bench: Surrogate Division all the necessary facts to assess the application and determine if a grant should be issued.
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Establishing the applicant's authority: It demonstrates that the applicant has the legal right and priority to be the personal representative of the estate.
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Identifying beneficiaries and interested parties: It ensures that all individuals with a legal interest in the estate are properly identified and notified of the application.
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Outlining the estate's general details: While a separate Form GA2 (Inventory) provides a detailed list of assets and liabilities, the GA1 provides an overview of the estate's composition and value for court filing fee purposes.
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Formalising the application: It serves as the official request to the court for the issuance of a Grant of Probate or Grant of Administration. In essence, Form GA1 is the foundation of any application to the Alberta Court of King's Bench: Surrogate Division for the administration of an estate.
Form GA1 - Grant Application is available from the Alberta Government webpage for surrogate forms.
Probate and administration can be a relatively straightforward procedural process, especially when undertaken with a lawyer that has the benefit of the Surrogate Digital Service to effectuate digital filing and processing of the legal paperwork with the Surrogate Division of the Court. However, where the matter is contentious and there are disagreements as between prospective appointees and/or beneficiaries, the proceeding can be quite tedious, time-consuming and expensive, with the relevant statutes and court precedent be the foundation for dictating the outcome, with the lawyers being pivotal to the process.
Contact our law firm today to learn how our legal team can help you with the legal demands following the death of a loved one, from probating the decedent's last will & testament to administering an estate where the decedent did not have a valid will. Contact our law firm at 403-400-4092 or via email at Chris@NeufeldLegal.com to schedule a confidential initial consultation.
Please Note: This information provides a general overview. Specific circumstances may require additional steps or variations in the process.
IMPORTANT NOTE: This website is designed for general informational purposes. The site is not designed to answer specific questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice. If you want specific legal advice, you need to engage a lawyer under established legal engagement procedures that have been specifically agreed to by that lawyer.