The probate process ensures that your loved one’s estate is executed per the last wishes established in their will. If there is no will, their estate is handled according to Alberta’s laws regarding intestacy.
This blog provides an overview of probate, when it’s needed, and how to navigate the process in Alberta.
What Is Probate?
Probate is a legal, court-supervised process, in which a deceased individual’s will is validated. In cases where there is no will, or no executor mentioned in the will, the court will appoint an administrator to manage the estate according to Alberta’s Wills and Succession Act.
When Is Probate Required In Alberta?
While not all estates will need to undergo probate, knowing when it is required can save you time and energy. Given the complex nature of the process, it is always best to seek advice from a probate lawyer. However, in general, probate is necessary in the following scenarios:
- When the deceased failed to leave a will.
- If the estate includes property—such as a house, land, or a vehicle—with no named joint owner.
- If the deceased held bank accounts in their name only, which exceed a certain value.
- Where there are debts owing to the Canada Revenue Agency (CRA).
- If there are unknown creditors of the estate.
- Where there is a will, but the validity is under question.
- When dealing with institutions managing estate assets such as banks or the land title office.
If the estate is small, or assets are held jointly or have designated beneficiaries (for example, life insurance policies), probate may not be needed.
Steps in the Probate Process
- Determine if Probate Is Necessary
The first step is to check with institutions—such as banks and insurance companies—if you need a Grant of Probate. If assets are jointly held, probate isn’t necessary as the assets will pass to the joint holder or beneficiary. If you’re unsure how to start, contact an experienced probate lawyer to guide you throughout the process. - Gather Relevant documents or Information
After determining if probate is necessary, gather documents such as the original will and death certificate. Also, make a complete list of the deceased’s assets and liabilities. - Apply for Probate
Once you have all the information, complete the required probate forms and file them with the Alberta Court of King’s Bench. Documents include an application for a Grant of Probate or Administration, an Affidavit of Executor, and an inventory of assets. - Inform Beneficiaries and Creditors
As executor of the estate, you are required by law to notify beneficiaries and creditors of the individual’s passing. This helps to facilitate transparency in the probate process and allows creditors to make claims against the estate if needed. - Settle Debts and Taxes
Before distributing any assets to beneficiaries, you must settle the deceased’s debts and file their last tax return or any other taxes that may be outstanding. Once you have paid the taxes, obtain a Clearance Certificate from the Canada Revenue Agency to state that no further taxes are owed. Failure to complete this step could cause you to be personally responsible for the estate’s liabilities. - Distribute Estate
Once all liabilities and taxes have been paid, any remaining assets should be distributed to the beneficiaries as specified in the will. Assets must be distributed according to Alberta’s intestacy laws when there is no will. If you are unsure of the intestacy laws or the interpretation of the will, contacting a probate lawyer will give you access to the legal advice you need.
Take the Complexity out of the Probate Process With One80 Law Group
While probate can be complex, the team at One80 Law Group can help to simplify the process. Whether you need help completing legal documents or advice on the first steps, our team can guide you. Our practice is also virtual, so we offer convenient, personalized service that will fit your schedule.
Complete our contact form to schedule a consultation today!