Probate in Alberta: What It Means and When You Need It
Table of Contents
Probate: Definition
Probate is the Alberta court process that confirms a will is valid and appoints/recognizes the personal representative so institutions can rely on that authority.
Why Probate Matters
Banks and investment firms rely on the grant before releasing funds.
Land Titles requires proof before transferring real property.
A grant helps deter disputes about who’s in charge.
When Probate is Typically Needed
Sole-owned real estate in Alberta
Large bank/investment accounts without joint ownership
Institutions request it even for mid-sized balances
Anticipated litigation or unclear wills
What Probate is NOT
It is not a tax in Alberta.
It does not change beneficiary designations on RRSPs, TFSAs, or insurance (those usually bypass the estate).
It does not automatically cover property outside Alberta (ask about extra-provincial resealing).
Outline of the Probate Process
Inventory assets and debts; value them.
Prepare Surrogate forms and beneficiary notices.
File at the proper judicial centre; respond to court requisitions.
Use the Grant of Probate to collect, pay, and distribute. Alberta.caCanLII
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Disclaimer: This guide provides general information about estate planning in Alberta and should not be considered legal advice. Every situation is unique, and you should consult with a qualified estate planning lawyer to discuss your specific circumstances. Laws and regulations can change, so ensure you’re working with current information when making estate planning decisions.
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Frequently Asked Questions About Probate
Do all wills need probate?
No. Some estates can be handled without a grant, especially if all assets pass outside the estate.
Does probate apply if there’s no will?
No — in that case you apply for a Grant of Administration (different grant, same court).
How long does probate take?
Simple files can be a few months; complex estates take longer.
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