Although often referred to as Probate law, it is likely more accurate to call it Wills and Estates law, or Surrogate law. In Alberta, Probate law is governed by the Wills and Succession Act, which came into effect on February 1, 2012 and which consolidated four previous acts into one:

  • Wills Act
  • Intestate Succession Act
  • Survivorship Act
  • Dependents Relief Act

This comprehensive Wills and Succession Act also affected other acts, such as:

  • Matrimonial Property Act
  • Administration of Estates Act
  • Family Law Act

Surrogate Rules Accompanying the Wills and Succession Act, there are a number of Surrogate Rules, which fall under the jurisdiction of the Surrogate office of the Court of Queen’s Bench. These rules cover all matters associated with Probate and the administration of an estate, including such things as:

  • Submitting the Application
  • Required Forms
  • Proof of a Will
  • Passing of Accounts
  • Accounting for the Estate

A copy of the Surrogate Rules and Forms can be purchased from the Alberta Queen’s Printer.


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