Estate Administration Act - The Law for Administering an Estate with or without Probate

The Estate Administration Act, S.A. 2014, c. E-12.5 [the "EAA"] applies and sets out the rules for new grants or probate, existing grants of probate and estates being administered without a grant of probate and sets out in detail how estates are to be administered in Alberta.  There are other applicable Laws, such as the Surrogate Rules of Court, but in the post we are going to address the EAA and what estates it applies to and who is required to comply with the Act.

The EAA is important particularly because its sets forth, in conjunction with the Surrogate Rules of Court and other acts:

1. The role of the Personal Representative including the responsibilities and obligations of a personal representatives [general obligations, core tasks, schedule of activities];
2. Notice requirements and the interested parties to receive notice of the estate and its administration;
3. The authority and power of the Personal Representative to attend the applicable responsibilities and obligations in the administration of an estate including administering estate property, dealing with estate obligations and assets, distributing property and accounting and expenses; and
4. Technical requirements in applying for a grant, administering the estate and technical and court matters.

and whether you are a Personal Representative, beneficiary, or any other party with an interest or claim in the estate, it is important to understand whether you or the estate you are dealing with is caught by the EAA or not.

1.  EAA applies to all estates in Alberta BOTH AFTER June 1, 2015 AND Outstanding Grants from BEFORE June 1, 2015.

Section 2 of the EAA provides that, subject to section 51 addressed below, the Act applies to the estate of a deceased in the following circumstances:

1. If on the date of death the deceased was resident in Alberta;
2. If on the date of death the deceased owner property in Alberta; or
3. The Court is satisfied a grant is necessary.

So, from June 1, 2015 and after, the new EAA will apply to all Personal Representatives.

What is interesting and must be noted, is that section 2 is subject to section 51.

Section 51 of the EAA provide that the Act is to apply to EXISTING GRANTS, so the EAA applies to all Personal Representatives after June 1, 2015 whom have not concluded administering the estate.

It is important to note that if you are a Personal Representative and administering an estate in which you obtained a Grant of Probate or Letters of Administration BEFORE June 1, 2015, you are bound by the new EAA and must comply with it.

So BOTH potential Personal Representatives and existing Personal Representatives MUST comply with the Act.

Over time this will become less of a concern as estates where probate before June 1, 2015 as the administration of those estates should properly conclude  over time.

2.  EAA applies to all Alberta estates BOTH when applying for a Grant of Probate or Letters of Administration.

Firstly, it is important note the difference between dying “testate” [with a will] and dying “intestate” [without a will].

“Probate” is the official proving of a will by a court of competent jurisdiction, so in the circumstances where the deceased is “testate”, that is dies with a will, the Personal Representative named in the will can apply to court for a grant of probate, proving the will and authorizing the Personal Representative to administer the estate pursuant to the will and applicable laws.

In circumstances where the deceased is “intestate”, that is dies without a will [or the will for whatever reason does not apply] certain individuals can apply to the court for a grant of administration [or letters of administration] authorizing the individuals named in the grant to administer the estate according to the applicable laws.

The EAA defines “grant” as follows:
“1(f)     “grant” means the Court’s grant of the authority to administer an estate as provided for in Part 3 and includes
(i)        a grant of probate,
(ii)       a grant of administration, or
(iii)      a resealed or ancillary grant of probate or administration;”

Accordingly, as the definition of “grant” includes BOTH a grant of probate and grant of administration [letters of administration], and accordingly the EAA applies to deceased that die intestate or testate.

3.  EAA applies to all Alberta Estates BOTH when you apply to court for a Grant [Grant of Probate or Letters of Administration etc.] and when you do NOT apply to court for a Grant. 

The new EAA was specifically drafted to ensure that it applies to all Alberta estates whether or not the Personal Representative applies to Court for a Grant [Grant of Probate or Letters of Administration etc.], and it starts with the definition of “personal representative” in the EAA which states as follows:
 “1(g)   “personal representative” means an executor or an administrator or judicial trustee of the estate of a deceased person and includes a personal representative named in the will whether or not a grant is issued;

The highlighted portion makes clear that a personal representative, executor or executrix in a will and administrator [if deceased died intestate – no will] is caught by the EAA.

While not unexpected that a Personal Representative applying to Court for a Grant of Probate or Letters of Administration [or as set forth above those with an existing Grant] would be subject to the EAA.

This is a very significant change for Personal Representatives that were NOT intending to apply to Court for a Grant of Probate or Letters of Administration, but perhaps intending to more “informally” administer the Estate, because whether or not you “informally” [without a Grant] or “formally” [with a Grant] administer an estate the EAA will apply.

For instance, for Personal Representatives that were NOT intending to apply for a Grant and “informally” administer the estate, the EAA requires notice to be provided certain interested parties in accordance the Surrogate Rules of Court as follows:

Personal representative’s notice when acting without a grant
10(1)   A personal representative named in a will who acts in the administration of the estate without applying for a grant must provide, in accordance with the Rules,
(a)        to the beneficiaries of the deceased person, the personal representative’s notice to beneficiaries described in subsection (2),
(b)       to any family members of the deceased person, an attorney, a trustee, the Public Trustee or a guardian, on whom a notice would be required to be served under section 11(1) on application for a grant, a personal representative’s notice to family members,
(c)        to a spouse of the deceased person on whom a notice would be required to be served under section 11(2) on application for a grant, a personal representative’s notice to a spouse, and
(d)       to the Public Trustee and to the other persons referred to in section 12, as applicable, a personal representative’s notice, as required by the Rules.
(2)       The personal representative’s notice to beneficiaries must
(a)        identify the deceased person,
(b)       provide the name and contact information of the personal representative,
(c)        describe the gift left to the beneficiary in the will or refer to the applicable provisions of the Wills and Succession Act or the Intestate Succession Act,
(d)       state that all gifts are subject to the prior payment of the deceased person’s debts and other claims against the estate, and
(e)        include any other information or documents required by the Rules.


It is important to note that the such Personal Representatives that are informally administering an estate [without probate] are  required to comply with other provisions of the EAA as well.

Accordingly, it is important that all Personal Representatives [testate, intestate, with and without a grant] be aware of and comply with the provisions of the EAA, particularly as the EAA in conjunction with the Surrogate Rules of Court and other acts, provides for the following:

1. The role of the Personal Representative including the responsibilities and obligations of a personal representatives [general obligations, core tasks, schedule of activities];
2. Notice requirements and the interested parties to receive notice of the estate and its administration;
3. The authority and power of the Personal Representative to attend the applicable responsibilities and obligations in the administration of an estate including administering estate property, dealing with estate obligations and assets, distributing property and accounting and expenses; and
4. Technical requirements in applying for a grant, administering the estate and technical and court matters.

While the new EAA requires a Personal Representing intending to “informally” administer the estate without a Grant to provide notice, it does not preclude from a Personal Representative administering the estate without a Grant [and avoiding the cost and expense of applying to court and obtaining a Grant of Probate or Letters of Administration] if it is appropriate for the Personal Representative to do so.

The  EAA and its broad application to administration of estates “informally” [without a Grant] is an important development to the Laws in this area, and in further posts in this series we will consider the following:

1. Role of the Personal Representatives in Alberta under the EAA; and
2. Powers to administer an estate and distribute assets in Alberta under the EAA.

If you are an executor, executrix or Personal Representative carrying out your responsibilities under a will or Grant of Probate or Letters of Administration, or named as one under a will and/or considering applying to court for a Grant of Probate or Letters of Administration then you must be aware of and comply with this new Act.

Please contact us to see if we can be of assistance to you in navigating your rights and responsibilities as a beneficiary, personal representative or in your estate planning.

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