Do you need probate?

It depends on what the person owned and how they owned it. Banks have their own rules for releasing money without a grant, so the answer is often “for some things, yes”.

Usually needed when

a house or land was in the person’s name alone (the land titles office needs a grant to transfer it)
bank or investment accounts are larger than the bank will release without a grant
an account or policy has no named beneficiary, or names the estate

Often not needed when

everything was owned jointly (as joint tenants) with a spouse or someone else who survived them
RRSPs, RRIFs, TFSAs, pensions and life insurance name a living beneficiary
the estate is very small and the bank agrees to release it

Probate or Administration?

Alberta’s Court of King’s Bench issues three main kinds of grant. The steps are much the same for each.

Grant of probate: there is a will, and the executor it names is able and willing to act.
Grant of Administration: there is no will. The Court appoints an administrator, usually a close family member, and the Wills and Succession Act decides who inherits.
Grant of Administration with will annexed: there is a will, but no executor it names (including any alternate) is able and willing to act, or it doesn’t name one.

Alberta law calls the executor or administrator the personal representative.

What I do for executors

Explain your duties under Alberta’s Estate Administration Act in plain words
Prepare the Court application and supporting documents for you to sign
Prepare the notices that must go to beneficiaries and certain family members
File with the Court and answer any questions it raises
Transfer or sell the house through the land titles office
Advise on paying debts, the final tax return and the tax clearance certificate before you pay anyone out
Prepare the accounts and releases the beneficiaries sign at the end

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

After the grant arrives

With the grant, banks and the land titles office will deal with you as the executor. 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.

How long it takes

The grant usually arrives about one month after the application is filed. After that, the administration can usually be wrapped up inside a year, though banks can be slow with their processes. Overall, it can take a year or so, depending on what assets the estate holds. A house to sell, a business, or family disagreement can add time.

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 a surviving spouse or adult interdependent partner (Alberta’s term for a common-law partner). After that, the tax clearance certificate can take several more months.

Fees

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.

The Court charges its own filing fee, based on the net value of the estate in Alberta. It ranges from $35 for an estate of $10,000 or less to $525 for an estate over $250,000, and it is paid from the estate.

What I will need from you

The original will, or a note of where it is kept
Proof of death, such as the funeral home’s statement of death or a death certificate
A rough list of what the person owned and owed: home, bank accounts, investments, vehicles, debts
Names and contact details of the beneficiaries and close family

You can drop these documents off at the office at your convenience. Don’t worry if the list is incomplete. The estate information form covers everything I’ll eventually need, and you can fill it in over time.

Probate and estates in Edmonton