Notice to beneficiaries when acting without a grant of probate

In Alberta, the executor of an estate (also called the "Personal Representative" or "PR") has a legal duty to notify the people who are entitled to benefit from the estate. This is called the "Personal representative’s notice when acting without a grant". It comes from section 10(1) of Alberta's Estate Administration Act.

Who receives the notice?

• Every person named as a beneficiary in the Will (see s.10(1)(a))

• Possibly others depending on the estate. See s.10(1))

  
  

What does the notice include?

The notice tells the beneficiary:

• That a PR has taken on the role of administering the estate.

• That the recipient of the notice may be entitled to benefit from the estate. (Side note / reality check: inheritance requires the estate to be net positive. If the estate is insolvent or if there's not enough to distribute to beneficiaries after the creditors have been paid, then beneficiaries might not receive anything.)

• That beneficiaries have a right to request more information about the estate’s assets and administration.

Why is this important?

• Transparency: Beneficiaries shouldn’t be left in the dark.

• Accountability: The notice is part of the PR's obligation to act fairly and keep beneficiaries informed.

• Applies even without probate: Whether or not the estate goes through court, the notice requirement still applies.

Takeaway

Receiving this notice doesn’t mean beneficiaries get their inheritance right away. It means the estate administration process is underway, and the PR is formally acknowledging their role and the beneficiaries’ rights.

At Cairns Law, we help PRs provide this notice if we determine this to be the best route in the estate administration process.

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General information only. This isn’t legal advice and reading or responding to it doesn’t create a solicitor-client relationship. Links are current as of the date of the article, and informational only. Always check the current legislation in your area.