This guide is general information about Alberta estates, not legal advice for your situation. Every estate is different, and the times mentioned are typical, not promises.

1. The first few weeks

Nothing in this part needs a Court. The aim is to keep things safe and keep a record of what you do.

Help with the funeral, and keep the bill. Reasonable funeral costs are normally paid back from the estate.
Find the original will. Check the person’s papers at home, any safety deposit box, and the lawyer who prepared it. The Court normally needs the original; working from a copy takes extra steps.
Get death certificates. The funeral home provides death certificates. I will need one for the Court application.
Secure the home and belongings. Lock up, keep the heat on in winter, and have someone check on the house every few days.
Cancel CPP and OAS, and apply for the death benefit. Call Service Canada to cancel the person’s Canada Pension Plan and Old Age Security payments, and apply for the CPP death benefit ($2,500), which helps offset funeral expenses.
The bank. You can tell the bank about the death, but it is often good not to be too quick about it.
Start a simple record. Keep every receipt, note what you do and when, and keep estate money separate from your own.

2. What can wait

Paying out money or handing over belongings, even if family asks. Debts and taxes come first, and an executor who pays out too early can be personally responsible.
Selling the house, car or other property, until you know you have the authority to do it.
Paying the estate’s debts from your own pocket. Debts are paid from the estate. If you have already paid something, keep the receipt.
Throwing papers away. Old tax returns, statements and bills are how accounts and debts turn up.
Deciding everything at once. Most of the work comes after the grant, and there is time to get advice first.

3. Papers to gather

The will, and any codicils (later changes to it)
Proof of death
Recent income tax returns and notices of assessment
Bank, investment, RRSP, RRIF and TFSA statements
The property tax notice and land title for any real estate
Vehicle registrations
Life insurance policies and pension information
Bills and debts: credit cards, loans, utilities
Names and addresses of the beneficiaries and close family

The estate information form lets us put all of this information in one place so we have what we need for the Court application. Fill in what you can, then drop it off at the office or scan it and email it to chris@taskey.ca. My assistant, Kelsey, will follow up about anything missing. You can drop off the papers themselves at the office at your convenience.

4. Applying for the grant

Not every estate needs a Court grant. One is usually needed if a house or land was in the person’s name alone, or if a bank asks for one before it will release an account.

If there is a will and the executor it names can act, the executor applies for a grant of probate.
If there is no will, or no executor named in it can act, a family member usually applies for a grant of Administration.

The application goes to the Court of King’s Bench. It includes the will, a list of what the person owned and owed, and sworn statements from the executor. Notices also go to the beneficiaries and to certain family members, such as a surviving spouse or adult interdependent partner.

The grant usually arrives about one month after the application is filed. I prepare the application and the notices for you to review and sign, and file them with the Court.

5. After the grant

With the grant, banks and the land titles office will deal with you as the executor. This is when most of the administration happens:

collecting what the person owned, usually into an estate bank account
transferring or selling real estate through the land titles office
publishing a notice to creditors, which gives anyone the estate owes a deadline to come forward
paying the debts
filing the final tax return and any other returns, usually with the estate’s accountant
asking the Canada Revenue Agency for a clearance certificate before the final payout

I can help with the notice to creditors, working with the estate’s accountant, and paying the debts, the taxes and the beneficiaries. I can do as much or as little with the administration as you want.

The administration can usually be wrapped up inside a year, though banks can be slow with their processes.

6. The six-month wait

Alberta law says the executor must not pay any part of the estate to beneficiaries until six months after the grant, unless all of the family members the Wills and Succession Act lists agree, or the Court allows it. The Family Property Act has the same rule: for those six months the executor also needs the consent of a surviving spouse or adult interdependent partner (Alberta’s term for a common-law partner), or a Court order.

The wait gives family members time to bring a claim if they believe the estate doesn’t provide for them properly. It is a good time to finish collecting assets, pay the debts and get the tax returns filed.

7. Final distribution

Prepare accounts that show what came into the estate, what was paid out, and what is left.
Send the accounts to the beneficiaries with a proposal for dividing what is left under the will.
The beneficiaries usually approve the accounts and sign releases before they are paid.
Many executors hold back a reasonable amount until the tax clearance certificate arrives.
Pay the beneficiaries, hand over any belongings left to them, and close the estate account.

Overall, it can take a year or so, depending on what assets the estate holds.

Would you rather not be the executor?

Nobody has to act. If you haven’t started dealing with the estate, you can usually renounce, which means signing a document that gives up the role. Please send me an email before you do anything with the estate, so that choice stays open.

When it helps to get in touch early

A bank or the land titles office asks for a grant of probate
The will is unclear, or there is more than one
The estate includes a business, a farm, or property outside Alberta
There may not be enough money to pay all the debts

How I help

Explain your duties in plain words
Prepare the Court application and the notices for you to review and sign
File with the Court and answer any questions it raises
Transfer or sell the house through the land titles office
Advise on debts, final tax returns and the clearance certificate before you pay anyone
Prepare the accounts and releases for the beneficiaries

You choose how much help you want. Some executors want everything handled; others want the application done and look after the rest themselves.

I apply for the grant of probate and give it to you for a flat fee, plus the Court filing fee and GST. That fee covers only the grant application. Other advice, drafting releases, transferring property and the rest of the estate work are not included in it. It also doesn’t include the Court filing fee, other out-of-pocket costs (disbursements) or GST. Reasonable legal fees and Court costs are normally paid from the estate, not by you personally.

General information about Alberta law, not legal advice for your situation. Contacting the office doesn’t make you a client.