RESEALING PROBATE
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Resealing probate is a specialized legal process designed to streamline the administration of an estate when a deceased person owned assets in multiple jurisdictions. When a Grant of Probate is issued by a court in a person’s home province or country, it generally only carries legal authority within those specific borders. To deal with real estate or significant bank holdings located in another jurisdiction (such as Alberta), the executor must often apply to reseal the original grant. This process essentially asks the local court to recognize and validate the foreign grant, granting the executor the same powers they hold in their home jurisdiction without the need for a completely new, start-to-finish probate application.
If the primary probate is undertaken outside of Alberta, the executor must navigate the specific requirements of the Administration of Estates Act (Alberta). This process is typically available for grants issued by courts in other Canadian provinces, various Commonwealth countries, or specific American states, provided there is a reciprocal arrangement in place. If the executor's submission meets the stringent requirements to the satisfaction of the Alberta Court of King’s Bench, the Court will place their seal on the existing foreign grant. This reseal acts as a local stamp of approval, allowing the executor to legally transfer or sell Alberta land and collect local debts.
When the situation is reversed and the deceased was an Alberta resident but owned property outside of Alberta, the resealing process depends entirely on the laws of that foreign jurisdiction. For example, if an Albertan dies owning a vacation home in British Columbia or Saskatchewan, the Alberta Grant of Probate must be taken to the courts in those provinces to be resealed. Each province has its own set of forms, filing fees, and specific procedural rules that must be strictly followed to gain authority over the local real estate. Without this step, the land title office in the outside jurisdiction will refuse to register a transfer of the property to the beneficiaries or a third-party purchaser. This ensures that the local government can track the movement of property and ensure any local taxes or probate fees are paid.
The primary advantage of resealing, rather than applying for an original Ancillary Grant, is the significant reduction in administrative burden and time. An original grant application requires the executor to prove the validity of the will and the circumstances of the death all over again, which can be redundant if a court has already done so elsewhere. Resealing skips the foundational proof stage and focuses instead on the recognition of the existing court order. This efficiency is particularly valuable when dealing with volatile markets or when beneficiaries are eager to finalize the estate. However, if the original grant was issued in a jurisdiction that does not have a reciprocity agreement with the target province, the executor may be forced to pursue the more arduous ancillary grant route.
From a financial perspective, resealing probate involves costs that vary significantly depending on the value of the assets in the secondary jurisdiction. In Alberta, for instance, the court filing fees are based on the gross value of the Alberta assets only, rather than the total value of the global estate. This prevents the "double taxation" of the estate's value, though legal fees will still be incurred in both the home and secondary jurisdictions. Executors should also be aware that they may need to post a bond or provide an undertaking to the court to protect local creditors before the grant is resealed. Properly accounting for these costs early in the administration process is vital for maintaining transparency with the estate’s beneficiaries.
Finally, it is essential to understand that a resealed grant only provides authority over the assets located within that specific secondary jurisdiction. If a person owned property in Alberta, Florida, and Ontario, the executor might find themselves managing three distinct legal processes simultaneously. Each jurisdiction's seal is an independent exercise of judicial power, meaning the executor must stay organized and potentially hire local legal counsel in each area. Failure to properly reseal the grant can lead to significant delays in closing the estate and may even result in personal liability for the executor if assets are mishandled. Ultimately, resealing is the legal bridge that allows an executor to fulfill their duties across geographic and political boundaries.
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.
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