What You Need to Know About Probate in Alberta
Worried about how probate might affect your estate? Here’s what you need to know to make the process stress-free.
Probate requirements and fees can change from province to province based on the size of your estate and its complexity.
In this guide, we’ll explain probate, how it works in Alberta, and the associated costs.
What is probate in Alberta?
Probate is a legal process where your probate court validates a will and confirms the executor's authority to administer your estate.
Think of it as a formal stamp of approval from the government, one that gives your executor the legal power to act as your personal representative to follow your will, access your assets, and settle your estate.
Probate may be necessary for a few reasons.
Probate proves if a will is valid
A will must meet legal requirements to be valid. Probate does not determine validity, but if a will doesn’t comply with your province’s requirements, it may be dismissed. In this case, your estate could be settled as if you never had a will.
Probate allows others to contest the will
This might seem like a bad thing, but it’s not.
When someone challenges a will, they’re formally objecting to its validity.
For example, this can give your loved ones the chance to protect your estate by proving that a will in your name was made under suspicious circumstances, like without your consent or through coercion.
Note that while a will can be contested with or without probate, probate creates an opportunity for disputes to be raised, such as concerns about undue influence or improper execution of the will.
Learn more about contesting a will here →
Probate helps appoint a valid executor or estate administrator
If you have no appointed executor or your chosen executor cannot take on their role at the time of your passing, the court will appoint an estate administrator in their place.
Your appointed person may not be able to be your executor if:
- They no longer wish to take on the role
- They do not have the mental capacity to take on the role
- They are still a minor and legally cannot take the role
Estate administrators or public trustees take on the same responsibilities as executors. The only difference is that you choose your own executor in your will, whereas administrators and public trustees are appointed by the courts.
Your loved ones can either submit an application to be estate administrator, or the court will appoint a public trustee instead.
When is probate required in Alberta?
Without a will, an estate administrator must be appointed, making probate mandatory.
Making a will and appointing an executor are the first steps toward being better prepared for probate.
When there is a will, probate may be required in the following cases.
You are the sole owner of real estate
Probate is generally required if an estate has solely owned real estate, like a house or cottage.
Because real estate is a high-value asset, it often can’t be sold until the courts have confirmed the deceased’s ownership and then granted the executor a grant of probate to legally manage or sell it.
Your bank or other financial institution requires a grant of probate
Some banks may require your executor to have a grant of probate before granting access to your accounts and assets.
This protects the bank and your estate from fraud or unauthorized access to your assets.
Your estate is large or complex
If you have a high-value estate, probate may be required.
Probate is also more likely with complex estates. An example of a complex estate could be one where assets are held in multiple provinces or countries, or the instructions in your will are multifaceted and complicated.
Situations where probate might not be needed
If you have a small estate with no solely owned real estate, your estate may not need to go through probate.
In Alberta, jointly held assets and those with named beneficiaries bypass the estate, reducing its size and potentially avoiding probate fees.
Likewise, naming beneficiaries on assets like TFSAs, RRSPs, life insurance policies, and pension plans allows them to go directly to beneficiaries rather than into your estate.
Learn more strategies to avoid probate →
Steps to apply for probate in Alberta
Applying for probate involves a structured process that can differ slightly from province to province. Here’s how it works in Alberta.
Step 1: Prepare the probate application
In Alberta, a probate application can be submitted through a GA1 – Grant Application (CTS12964) form to the Court of the King’s Bench.
Generally, a probate application should also include the original signed copy of the deceased’s will, their death certificate, a list of estate beneficiaries, and a list or affidavit of the deceased’s assets and liabilities.
Before submitting the application, you may also need to notify individuals about the probate application.
This includes notifying anyone who is also named as an executor, all named beneficiaries, and the deceased’s surviving spouse and/or children.
Step 2: File the probate application with the Court of the King’s Bench
Once you have all the appropriate probate forms and documents ready, you can submit the application for probate.
Note: The application must be filed in the province where the deceased individual was a resident. Only file a probate application to the Court of the King’s Bench of Alberta if the deceased was a resident of Alberta when they passed away.
Step 3: Pay the probate fees
When submitting a probate application, the executor is also responsible for paying probate fees to the court, along with any application costs.
These fees are covered by the deceased’s estate, not the executor.
Learn more about fees involved in settling an estate →
Step 4: Wait for results
Once the application is filed, it can take several months to a year for it to be approved and the grant of probate to be issued.
How long probate takes depends on the jurisdiction, the court’s capacity at the time, and whether there are any problems with the application.
Once probate has been granted and the will and executor have been certified by the court, the executor or estate administrator may continue with administering the deceased person’s estate.
Costs associated with probate in Alberta
How much does probate cost in Alberta?
Probate fees in Alberta can cost anywhere from $35 to $525. Fees vary depending on the value of your estate.
Luckily, Alberta is the only province with a maximum cap on probate fees. Probate fees in the province will never cost you more than $525.
You can, however, incur additional costs during probate if you hire a corporate executor or a lawyer to handle the probate process.
Learn more about probate fees in Alberta →
Tips to minimize probate costs
If you think probate may be possible for your estate, you can minimize potential fees by doing the following:
- Create a legal will to document your wishes and organize your estate
- Use joint ownership for major assets, such as your home or bank accounts
- Assign beneficiaries to financial accounts like RRSPs, TFSAs, life insurance policies, and pension plans
Discover more tips on how to avoid probate and reduce fees →
How long does probate take in Alberta?
Starting from when an application is submitted, it can take anywhere from several months to over a year for the Court of the King’s Bench to approve an application and grant probate to the executor.
The duration of the process often depends on estate complexity, application accuracy, court workload, and whether there are any will disputes.
Executor’s responsibilities during probate
An executor has many responsibilities, both to the estate and to its beneficiaries.
For probate, an executor is the person who usually compiles all relevant information and submits the probate application to start the probate process.
While the courts evaluate the application, the executor keeps relevant parties, such as beneficiaries and executors, informed during the waiting period.
Learn more about the duties and responsibilities of an executor →
Common challenges and how to overcome them
There are two common challenges executors can face while going through the probate process.
Challenge 1: Beneficiary disputes
Anyone named as a beneficiary in a will has rights and responsibilities, which include the right to know what they inherited, the right to be informed of the estate’s administration status, and the right to contest the will.
Because of these entitlements, beneficiaries may have disputes with each other or with the executor about the estate.
Solution
Prepare your own beneficiaries for what they can expect as their inheritance, who your executor is, and any of your other wishes.
If you’re an executor of an estate, it’s important to maintain clear and reasonably frequent communication with beneficiaries and other stakeholders during the probate and settlement process.
If issues come up that you can’t resolve on your own, you may want to use a remediation specialist or consultant.
Challenge 2: Missing or incorrect information in probate applications
If a probate application has errors or missing information, it will be denied.
Solution
An executor is responsible for accurately completing the probate application. Double-check all information before submitting the application.
If the application has any problems, revise and resubmit it so that they can receive a grant of probate.
Plan for probate with Willful
Making a legal will is the most important thing you can do to help avoid probate and ensure your estate is settled easily.
With Willful, you can easily make your will in Alberta from the comfort of your couch, and document all your wishes about executors, guardians, beneficiaries, and funeral arrangements.
This content has been reviewed by Canadian estate planning experts or legal professionals. Our editorial team is committed to ensuring the accuracy and currency of content.
