When Is Probate Required in Alberta?

Probate is an essential part of the estate settlement process in Canada, serving as a court-supervised validation of a deceased person’s will. In Alberta, probate is required under specific circumstances, depending on the complexity of the estate, the type of assets involved, and whether the financial institutions and beneficiaries require it.

1. What Is Probate?

Probate is the legal process of validating a will and granting the executor the authority to administer the estate. This process ensures that:

• The will is the deceased’s most recent and valid version.
• The named executor has the legal right to manage the estate.
• Assets are distributed correctly and legally.

Learn more about the probate process in Canada.

2. When Is Probate Required in Alberta?

Probate is required in Alberta if:

• The deceased owned real estate solely in their name.
• Financial institutions require probate before releasing funds.
• There are disputes among beneficiaries regarding the will’s validity.
• The estate includes significant assets (such as investments or private business holdings) that require legal transfer.
• The will lacks clear instructions or is handwritten (holographic wills may require court validation).

3. When Is Probate Not Required in Alberta?

Not all estates require probate. Probate may be avoided if:

• Assets are jointly owned with right of survivorship, such as joint bank accounts or jointly owned real estate.
• The deceased designated beneficiaries for registered accounts, including:
• Registered Retirement Savings Plans (RRSPs)
• Tax-Free Savings Accounts (TFSAs)
• Life insurance policies
• The estate is small and financial institutions release funds without requiring probate.
• Trusts were established to hold and distribute assets outside of the will.

Learn how to structure assets to avoid probate.

4. How to Apply for Probate in Alberta

If probate is required, the executor must:

1. Obtain the original will and death certificate.
2. File an application with the Alberta Court of King’s Bench.
3. Submit an inventory of assets and liabilities.
4. Pay the applicable probate fees, which vary based on estate value.
5. Await the court’s approval, which may take weeks to months.

Once probate is granted, the executor can legally distribute assets and settle the estate.

5. How Much Does Probate Cost in Alberta?

Probate fees in Alberta are relatively low compared to other provinces. Fees are based on the estate’s value:

• $0 for estates valued under $10,000
• $35 for estates between $10,000 and $25,000
• $135 for estates between $25,000 and $125,000
• $275 for estates between $125,000 and $250,000
• $400 for estates over $250,000

6. What Happens If There Is No Will?

If a person dies without a will (intestate), the estate must go through probate. The Alberta courts will appoint an estate administrator to distribute assets according to intestacy laws.

Learn about intestate succession laws in Alberta.

Whether probate is required in Alberta depends on the complexity of the estate and the nature of the deceased’s assets. Proper estate planning, such as joint ownership, beneficiary designations, and trusts, can help minimize the need for probate. Executors should consult with a legal professional to determine if probate is necessary for their specific situation.