How Do Probate Applications Work In Alberta?

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At Verhaeghe Law Office – our wills and estates lawyers have assisted thousands of individuals across Alberta with their wills and estates legal matters. We often get asked how probate applications work in Alberta and thought it would be a good time to explain this process for our readers.

What is a Grant of Probate?

A Grant of Probate is a court order that confirms that a Will is valid and appoints the personal representative in the Will. The role of this representative is to administer and settle the estate as per the deceased individual’s last Will. Depending on the nature of the assets in the estate – they may need to apply for a grant of probate. They also owe a fiduciary duty to the estate and its beneficiaries and are legally obligated to act in accordance with the Estate Administration Act and Trustee Act. It is important to note here that a grant of probate is not always necessary and is only necessary under a few circumstances. Contact our wills and estates lawyer today at Verhaeghe Law Office to see if a grant of probate is required in your situation.

How Does The Probate Process Work in Alberta?

In Alberta – a probate application begins with having the court declare that a deceased individual’s last Will is official and that their Executor has the authority to officially settle the estate. An Application for Probate will include the deceased individual’s assets and debts which essentially allows both the banks and the land title office to transfer any outlined assets to their respective beneficiaries. After an individual has passed away – you must wait at least seven days after a person’s death to submit a Will for probate.

How Can A Wills & Estates Lawyer Help With Probate Applications in Alberta?

Depending on how complicated the estate is – a wills and estates lawyer can take anywhere from a few weeks to a few months to prepare and file the Application for Probate. A lawyer will help complete the application and have it served to the beneficiaries and filed at the Alberta Court of Queen’s Bench. If there are no delays or backlogs at the court – a Grant of Probate can be issued within a few weeks after the application has been received at the courthouse. If a beneficiary has been bestowed with property – that beneficiary cannot sell or transfer that property until the estate has been granted probate. So the sooner you hire a lawyer to assist you with this process – the better. It is also important to note here that if the deceased was First Nations and lived on a reserve – the law is different for settling estates where the Indian Act and Indian Estates Regulations apply. A wills and estates lawyer can assist with this situation too.