At a glance
- Probate is granted by the Court of King’s Bench of Alberta under the Surrogate Rules.
- Family members generally have 6 months after the grant to claim maintenance and support.
- Get a CRA clearance certificate before final distribution to limit personal liability.
- Without a will, the Wills and Succession Act decides who inherits.
Probate and estate administration in Calgary
Being named executor usually arrives at a hard time. You are grieving while banks, Land Titles, the Canada Revenue Agency and family all want answers.
Our Calgary probate and estate administration lawyers support personal representatives through every stage:
- Deciding whether a court grant is needed and preparing the application.
- Serving the required notices on beneficiaries and family members.
- Identifying assets and debts, and dealing with financial institutions.
- Transferring or selling real estate, filing tax returns and obtaining clearance.
- Preparing estate accounts, releases and the final distribution.
We also help beneficiaries and family members who are not executors understand what should be happening and when. In Alberta, estate administration is guided by the Wills and Succession Act, the Estate Administration Act and the Surrogate Rules of the Court of King’s Bench.
Grant of probate or grant of administration?
In Alberta, the court issues different grants depending on the situation:
- Grant of probate: there is a valid will and the executor named in it is able and willing to act.
- Grant of administration: sometimes called letters of administration, it is used when the person died without a will. The court appoints an administrator from a statutory priority list.
- Grant of administration with will annexed: there is a will, but no named executor can or will act.
Applications are filed with the Court of King’s Bench under the Surrogate Rules. They include the original will (if any), sworn details of the assets, debts and beneficiaries, and proof of service of notices. The court charges a filing fee that depends on the net value of the estate in Alberta.
Our article on the grant of probate in Alberta walks through the process in more detail.
When is probate needed, and what about small estates?
Alberta has no single dollar threshold for probate. Whether you need a grant depends on what the person owned and how:
- Land in the deceased’s sole name generally requires a grant before Land Titles will transfer it to a beneficiary or buyer.
- Bank accounts and investments often require a grant, although institutions may release smaller amounts under their own policies.
- Jointly owned property with a right of survivorship usually passes to the survivor without probate.
- RRSPs, RRIFs, TFSAs and life insurance with a named beneficiary are generally paid directly to that beneficiary.
For a small estate, institutions may release assets on a death certificate, a copy of the will and an indemnity. Even without probate, the executor still has duties to pay debts, file tax returns and account to beneficiaries. When land needs to move, our land title transfer team handles the transmission.
Executor duties and personal liability
A personal representative is a fiduciary. Alberta’s Estate Administration Act sets out the core duties, which generally include:
- Locating the will and making funeral arrangements if needed.
- Securing, insuring and valuing assets.
- Identifying beneficiaries, family members and creditors, and giving the required notices.
- Paying valid debts and expenses, and filing all tax returns.
- Keeping estate money separate from your own and keeping clear records.
- Treating beneficiaries even-handedly and following the will.
If an executor distributes too early, overlooks a creditor or tax debt, or sells property carelessly, they can be personally responsible for the shortfall. Good advice, records and holdbacks are the best protection.
You are not required to accept an appointment as executor. If you have not yet started to deal with the estate, you can generally renounce.
In focus
Executor’s checklist for Alberta estates
- Find the original will. Check home files, safety deposit boxes and the lawyer who drafted it.
- Secure assets. Lock up the home, notify insurers and protect valuables.
- Notify institutions. Banks, pension plans, CPP, Service Canada and utilities.
- List assets and debts. Record values at the date of death.
- Apply for a grant if needed. File with the Court of King’s Bench.
- Serve notices. Beneficiaries, family members and a surviving spouse or partner.
- Pay debts and file taxes. Terminal return, estate returns and clearance certificate.
- Account and distribute. Prepare accounts, get releases and distribute.
Notices to beneficiaries and family members
The personal representative must give written notice to beneficiaries named in the will and, under the Wills and Succession Act, to the deceased’s family members. Family members include a spouse or adult interdependent partner, minor children, adult children who cannot support themselves because of disability and, in some cases, older children in full-time studies.
A family member who believes the estate does not adequately provide for them can apply for maintenance and support. Generally, that application must be started within 6 months after the grant is issued. Executors therefore usually wait out the 6 months before distributing, unless every family member consents or the court approves.
A surviving spouse or partner may also have rights under the Family Property Act and the Dower Act. If a dispute arises, see our estate litigation services.
Distributing before the family maintenance period ends, without consents or a court order, can leave you personally exposed.
Who inherits when there is no will
When someone dies intestate (without a valid will), the administrator must distribute the estate as the Wills and Succession Act directs:
- Spouse or partner, and all children are also theirs: the entire estate generally goes to the surviving spouse or adult interdependent partner.
- Spouse or partner, and some children from another relationship: the spouse or partner generally receives the greater of a prescribed amount set by regulation or 50% of the net estate, and the rest is divided among the descendants.
- No spouse or partner: the estate goes to descendants, then parents, then siblings and their descendants, then more distant relatives.
Special rules can apply where spouses had separated or divided their property before death, and where both a spouse and an adult interdependent partner survive. Stepchildren and friends do not inherit. The simplest way to avoid these outcomes is a will; see our wills and powers of attorney page.
Estate debts, final tax returns and clearance certificates
Debts and taxes are paid before beneficiaries receive their shares. Typical steps include:
- Finding creditors: reviewing statements and mail, and advertising for creditors where appropriate.
- Terminal return: the final personal tax return, reporting income from January 1 to the date of death. Deemed dispositions of capital property and registered plans can create significant tax.
- Estate (T3) returns: for income the estate earns after death, such as interest or rent.
- Clearance certificate: a certificate from the Canada Revenue Agency confirming that the deceased’s and the estate’s taxes are paid.
If an estate cannot pay all its debts, it is insolvent, and strict priority rules apply. An executor who pays the wrong people first can be personally liable. We work with your accountant to keep tax filings on track.
Executor compensation, accounting and releases
An executor may be paid for their time and effort unless the will says otherwise. The Surrogate Rules include guidelines the court considers based on the estate’s size and complexity and the work done. Beneficiaries often agree the amount; otherwise the court decides.
Before the estate is wound up, the executor prepares accounts showing:
- The assets at the date of death and their values.
- Money received and paid out, including debts, taxes and expenses.
- Proposed compensation and legal fees.
- The proposed final distribution to each beneficiary.
Beneficiaries who approve the accounts usually sign a release, and sometimes a refunding agreement, before receiving their share. If a beneficiary disputes the accounts, the executor can ask the court to review and approve them through a formal passing of accounts.
When should you call a probate lawyer?
Some executors handle simple estates with limited help. Others benefit from full representation from the start. It is worth speaking with us early if:
- The estate includes Alberta land, a business, farm property or assets in other provinces or countries.
- The will is handwritten, unclear, missing or possibly outdated.
- A family member is unhappy, excluded or may make a claim.
- The estate may be insolvent or have significant tax owing.
- You live outside Alberta and need help acting here.
We can take on as much or as little of the work as you need, from preparing the grant application only to handling the entire administration. To start, book a consultation and bring the will, a death certificate and any statements you have found.
FAQs
Frequently asked questions.
How long does probate take in Alberta?
It depends on the estate and the court's workload. Preparing the application and serving notices often takes several weeks, and the court then needs time to review it. Full administration, including tax clearance and the 6-month family maintenance period, commonly takes a year or more.
Do I need a lawyer to apply for probate in Alberta?
You are not legally required to use a lawyer, and some executors apply on their own. However, the forms are detailed, notices must be served correctly and executors face personal liability for mistakes. Many use a lawyer for the application only, or for the whole administration.
What happens if there is no will?
A family member applies to the Court of King's Bench for a grant of administration and becomes the administrator. The estate is then distributed according to the Wills and Succession Act, which generally favours a spouse or adult interdependent partner and children, then parents, siblings and more distant relatives.
Can an executor be paid?
Yes. Unless the will says otherwise, an executor is entitled to reasonable compensation for their work. The Surrogate Rules include guidelines the court considers, based on the estate's size and complexity and the work done. Beneficiaries often agree to the amount, and the court can decide if they do not.
When can the estate be distributed?
Usually after debts are paid, taxes are filed and a clearance certificate is obtained, and after the 6-month period for family maintenance and support claims has passed. Interim distributions with a holdback for taxes and claims are sometimes possible with advice.
Am I personally responsible for the deceased's debts?
Generally no. The estate pays the deceased's debts, not family members, unless you personally co-signed, guaranteed or jointly held the debt. However, an executor who distributes the estate before paying creditors or taxes can become personally liable for those amounts.
This information is general and is not legal advice. For advice on your situation, book a consultation.
Further reading