How Long Does Probate Take in Alberta?
Many people have heard of probate but aren’t quite sure what it entails. The term ‘probate’ is often used in broad reference to what we call the Estate Administration process. Estate Administration is the process of distributing a deceased’s assets upon death in accordance with their Will and Alberta Estate laws.
Alberta Grants of Probate
The Estate Administration process often requires the Executor, or Personal Representative, of the Estate to apply for what’s called a Grant of Probate. If you’d like to learn more about when probate is necessary, check out our detailed article on that topic here.
A Grant of Probate is a legal document, issued by the Surrogate Division of the Court of King’s Bench of Alberta, which confirms the Executor’s authority to distribute the deceased’s Estate. It also confirms the validity and authenticity of the deceased’s Last Will.
Let’s Assume…
For the purpose of this article, we’ll assume that you’re an Estate Executor who requires a Grant of Probate, and that you intend to have a lawyer apply for the Grant on your behalf. The following summarizes the steps of the probate application process and provides an estimated timeline of events.
So, What are the Steps for Probate in Alberta, and How Long Does It Take?
Step 1: Locating the Deceased’s Will (1-2 days)
Step 2: Contact an Alberta Wills & Estates Lawyer (15 minutes)
Step 3: Complete the Questionnaire (2-3 hours)
Step 4: Attend an Initial Consultation (1 hour)
Step 5: Information Gathering (1-2 days)
Step 6: Second Appointment with Your Lawyer (1 hour)
Step 7: Drafting the Probate Application (2 weeks)
Step 8: Signing the Probate Application (30-60 minutes)
Step 9: Submitting the Probate Application (2-3 business days)
Step 10: Waiting for the Grant of Probate (1-6 Months)
Step 11: Meet with Your Probate Lawyer (1 hour)
Step 12: Proposed Distribution, Compensation Schedule, and Releases (2-3 weeks)
Step 13: Gather and Distribute Estate Assets (1-12 months)
Step 14: File all Necessary Tax Returns and Obtain a Clearance Certificate from the Canada Revenue Agency (CRA) (6-12 months)
General Considerations
The above timeline is a general sequence of how we typically proceed with a ‘garden-variety’ probate application. However, every Estate is different, and there are various intermediary steps that may be necessary in your situation that haven’t been addressed above.
It’s also worth considering that some of the above-named steps can be completed simultaneously. For example, you may choose to consult with your tax accountant early on, rather than waiting until the Estate has been distributed to do so.
We’re Here to Guide You Each Step of the Way
While the above may seem daunting, the experienced probate lawyers at West Legal are able to guide you through each step of the probate process. Reach out to us today to set up your free-of-charge consultation—we’d appreciate an opportunity to guide you through the challenges of the probate process.
I am an inheritor of my mom’s will I wat to buy the house from other 3 syblings from will inheritance (my) share .who completes the paper work is it the probate lawyer ..as they know the property already and family in herintance and ..how is the sale of the home distributed the ( inheritance distributed ..who does that)
How can I find out if my Dad’s will has been probated if the executor (his spouse) is not telling me anything and I don’t know my Dad’s attorney’s name, all I know is that my Dad stated that he made me sole beneficiary of his will before he passed,, Can you tell me how I can find this out for sure
Thank you for your time,, I’m just wanting to know what I can do when no one is saying anything
Hi Bonnie,
Thank you for your email. If the Personal Representative (aka Executor) is following proper procedures, all residuary beneficiaries are to receive a copy of the full probate application at the time (or prior to) the application being submitted to the Surrogate Court. The application will tell you all the details of the estate such as the name of the lawyer assisting with the probate application, the estate assets and liabilities, and the distribution of the estate. If you are the sole beneficiary, and there are assets in your father’s name alone to be distributed according to his will, you should undoubtedly receive a copy of the full application.
If you did not receive a copy of the probate application there are a number of possible explanations outside of your father’s spouse simply not sharing the information with you. Perhaps your father changed his will and did not advise you of the changes (and you are no longer the sole beneficiary). Or perhaps all of his assets were jointly owned with his spouse or some other third party so there is no probate application required. If you want to know if an application has been filed, reach out to the clerks at the Surrogate Court to see if they are able to provide any information. If they are unable to help, you may consider having a lawyer write a letter on your behalf to your father’s spouse to request the information you are seeking, and if that is unsuccessful, perhaps a court application would be appropriate to obtain the information you are seeking.
I hope this is helpful for you.