116 Transmission Transmission of title on death
been granted dies, the land, subject to this Act, vests in the personal
representative of the deceased owner.
(2) The personal representative before dealing with the land shall
apply in writing, executed by the personal representative or the
personal representative's solicitor, to the Registrar to be registered
as owner and shall produce to and leave with the Registrar the
probate of the will of the deceased owner, or letters of
administration, or order of the court authorizing the personal
representative to administer the estate of the deceased owner, or a
certified copy of the probate, letters of administration or order, as
the case may be.
(3) For the purposes of this Act, the probate of a will or letters of
administration, or other legal document purporting to be of the
same nature, granted by the proper court of any province or
territory of Canada, or of the United Kingdom of Great Britain, or
of Northern Ireland, or of any other British dominion or possession,
or an exemplification of it is deemed sufficient if it has been
resealed with the seal of the court in Alberta having jurisdiction in
those matters.
(4) On the registration of the application,
(a) the Registrar shall cancel t he certificate of title that is in the
name of the deceased owner and grant to the executor or
administrator, in the capacity as the executor or
administrator, a new certificate of title, and
(b) the executor or administrator, as the case may be, is deem ed
to be the owner of the land.
(5) For the purposes of section 120 only, the Registrar shall, in
issuing a certificate of title to an executor, administrator or trustee
under a will, describe the owner as the executor, administrator or
trustee.
(6) The title of the executor or administrator to the land relates
back and takes effect from the date of the death of the deceased
owner.
RSA 1980 cL-5 s116;1988 c27 s43;1999 c10 s24