Is a grant of probate required?

Generally, a grant of probate is required by institutions such as banks or land transfer agencies as proof that the executor has been certified by the court as having authority to act on behalf of an estate. In some situations a grant of probate is not required, which are outlined below.

What are the exceptions where a grant of probate is not required?

A grant of probate is not always necessary to transfer:

• Real estate that is jointly owned;
• Insurance proceeds that are payable to a named beneficiary;
• Joint bank accounts (although in some cases such accounts are the property of the estate);
• Registered government securities (under certain circumstances);
• Registered savings plans and Tax-Free Savings Accounts with a named beneficiary;
• Certain corporate securities such as private corporation shares and shareholder loans;
• Personal items;
• Automobiles and other vehicles;
• Canada Pension Plan Survivor’s Benefits; and
• Veteran’s pensions.

How do I obtain a grant of probate?

Step 1

The first step is to determine the type of grant which needs to be requested from the Court.

Three main types of grants may be obtained:

(1) If the will names a person to be the executor, that person should apply for a grant of probate.

(2) If the will does not name anyone as executor or if the person named as executor is unable or unwilling to act, it will be necessary to apply for a grant of administration with will annexed.

(3) If the deceased died without a will, a potential personal representative will need to obtain a grant of administration.

Other types of grants may be sought for more complex situations. Such grants should be pursued with legal assistance.

Step 2

All of the required forms must be filled out in order to apply for the appropriate grant. A probate forms package is available for purchase from the Government of Alberta. You do not require a lawyer to complete the forms; however, legal advice is recommended. Lawyers have access to a new Surrogate Digital Service which can streamline the process and shorten the waiting time for a grant of probate by several months.

How much does it cost to obtain a grant of probate in Alberta?

The Court fees for a grant of probate in Alberta are determined based on the value of the estate in Alberta, as follows*:
(a) $35 for an estate worth up to $10,000
(b) $135 for an estate worth between $10,000 and $25,000;
(c) $275 for an estate worth between $25,000 to $125,000;
(d) $400 for an estate worth between $125,000 to $250,000; and
(e) $525 for an estate worth over $250,000.

*as of December 2022.

If a lawyer is retained, legal fees will be in addition to Court fees.

For further information, or help in obtaining a grant of probate, please consult a TEP.