Probating a Will in Alberta

One of the key tasks of an executor named in a Will is to determine whether the deceased’s Will needs to be probated.

What is probate? Simply put, it is a legal process for determining that the Will is valid. It confirms the authority of the person appointed in the Will as the executor to be able to carry out the administration of the estate in accordance with the terms of the Will.

The process in Alberta is quite straight forward. The named executor will be required to submit to the Court the deceased’s original Will, along with a number of other Court approved forms, providing information about the deceased, the beneficiaries and the assets and liabilities of the estate. After a few weeks, the Court will issue a document called a Grant of Probate (or a Grant of Administration if there is no Will). This document is proof of the executor’s authority to be able to deal with banks and other agencies such as land titles offices, in order to administer the deceased’s assets.

While the probate process is quite straight forward, no two estates are alike and therefore, it is advisable for an executor to obtain advice prior to initiating the process themselves. Errors in the probate application can result in lengthy delays in obtaining the appropriate Grant. A probate lawyer can help you identify any potential issues your particular case may need to address and help you avoid unnecessary delays.

Finally, not every estate will require probate. Assets held in joint ownership with another person will often not require probate if the deceased’s intent was for those assets to pass to the surviving joint owner upon death. In addition, assets such as RRSP’s or life insurance, where a beneficiary is designated, will not require probate. An executor should check with financial institutions and other third parties who hold estate assets to determine whether they require a Grant of Probate prior to releasing the assets.

Do you have questions about your unique situation? Feel free to reach out to me.