Losing a loved one is hard enough without legal paperwork on your plate. If you’ve been named as the executor in someone’s will, you might be wondering where to start. One of the first things to figure out is whether you need to go through probate.
Probate is a court process that confirms a will is valid and gives you the legal go-ahead to manage the estate. It’s not always required, but if the person owned real estate or had certain bank accounts or investments, it’s likely you’ll need it.
First: Do You Need Probate?
Take a close look at what’s in the estate. If the person owned a house in their name, or if bank accounts weren’t joint or didn’t have named beneficiaries, probate is probably necessary.
Even when it’s not strictly required by law, some banks and financial institutions will ask for a Grant of Probate before releasing funds. It’s often about internal policy, not just legal rules.
Find the Will
The next step is to locate the original, signed will. Check with their lawyer, go through their files at home, or speak with family members. If there isn’t a will, you’ll need to apply for something called a Grant of Administration instead.
The will should name the executor — that’s the person in charge of settling the estate. If that’s you, this is where your work begins.
Make a List of Assets and Debts
Before applying for probate, it’s helpful to create an overview of what the person owned and owed. This includes property, vehicles, accounts, investments, and any outstanding debts or loans.
The court will need this information to process your application. It’ll also make your job easier when it’s time to distribute what’s left to beneficiaries.
Apply to the Court
You’ll need to fill out several forms and submit them to the Court of King’s Bench in Alberta. Along with the will and death certificate, you’ll provide your asset list and some sworn statements.
It’s possible to complete this process on your own, but it’s common for people to work with a lawyer at this stage. The forms can be confusing, and any errors might delay the process.
Wait for the Grant of Probate
Once the court reviews your documents and everything checks out, they’ll issue a Grant of Probate. This document proves you have the legal authority to carry out the instructions in the will.
Processing time can vary. Some estates move through in a few weeks, others take a couple of months, depending on the court’s caseload and the complexity of the estate.
Settle the Estate
With probate in hand, you can now pay any remaining bills, file taxes, and pass along the assets to the people named in the will. Be sure to keep records of everything you do — clear tracking helps if questions come up later.
Let One80 Law Help
Probating a will doesn’t have to be stressful. At One80 Law, we help Alberta families navigate the process with clear guidance and fixed-fee pricing. You don’t need to take time off work or sit in a waiting room — we offer remote legal services to make things simpler for you.
If you’re feeling unsure about any step in the process, we’re here to help. Reach out for a consultation and let’s make probate easier to manage.
Get in Touch Today
If you’ve lost a loved one and need help with probate, reach out to One80 Law. We offer clear guidance, affordable pricing, and compassionate service. Book a consultation today and let us help you move forward with confidence.