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 Queen’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)

If you have reason to believe that you’re entitled, by law or by virtue of the deceased’s Will, to act as the Executor of the deceased’s Estate, the first step is to conduct a search for the deceased’s Will.

Step 2: Contact an Alberta Wills & Estates Lawyer (15 minutes)

Even if you were unsuccessful in locating the deceased’s Will, it’s important to contact an Alberta Wills & Estates Lawyer to determine whether you’re entitled to act as Executor and to book an initial consultation. Many probate lawyers will email you a questionnaire to complete at this stage of the process.

Step 3: Complete the Questionnaire (2-3 hours)

Depending on how detailed your probate lawyer’s questionnaire is, it may take you 2-3 hours to complete the questionnaire in advance of your initial consultation.

Step 4: Attend an Initial Consultation (1 hour)

The probate lawyers at West Legal offer free-of-charge, no-obligation, one-hour consultations to potential Estate Executors. We will review your completed questionnaire with you, answer any questions you may have, and discuss the next steps. We’ll also provide you with an overview of the probate process and give you a list of the documentation we require to complete your application.

Step 5: Information Gathering (1-2 days)

Once your Wills & Estates lawyer has confirmed that you’re entitled to act as the Estate’s Executor, you’ll need to gather the required documentation. The required documentation may include a death certificate, bank statements, investment reports, life insurance policies, vehicle registration documents, and various other paperwork.

Step 6: Second Appointment with Your Lawyer (1 hour)

This step is optional. Once you’ve gathered all the necessary documentation, you may choose to scan and email it to your lawyer. At West Legal, we’ll set up a second appointment for you at no additional charge to review the provided documentation and take copies of the same for our file, should you prefer an in-person meeting to email.

Step 7: Drafting the Probate Application (2 weeks)

The probate lawyers at West Legal strive to draft probate applications within 2 weeks of receiving all necessary information and documentation from the client. In exceptional cases this may not be possible, however, we typically meet or exceed the 2-week timeline we give ourselves.

Step 8: Signing the Probate Application (30-60 minutes)

Once the application has been drafted, your probate lawyer will meet with you to go over the application and have you sign it.

Step 9: Submitting the Probate Application (2-3 business days)

The time frame for this step may vary somewhat between law firms, but West Legal strives to have your application submitted to the Surrogate Court within 2-3 business days of signing.

Step 10: Waiting for the Grant of Probate (1-6 Months)

Once your probate application is submitted to the Surrogate Court, your probate lawyer has little control over the timeline. The Court may take up to 6 months to issue a Grant of Probate, depending on how busy they are. However, in our experience, the typical waiting period falls somewhere in the 6-14 weeks range. In rare cases, we’ve received a Grant within 3 weeks of submitting an application.

Step 11: Meet with Your Probate Lawyer (1 hour)

Once the Grant is issued, we typically meet with the client to provide them with several Certified True Copies the Grant.

Step 12: Proposed Distribution, Compensation Schedule, and Releases (2-3 weeks)

Once the Grant is issued, you’ll need to provide your probate lawyer with account statements running from the date of the deceased’s death to the date of the first release, for all Estate assets. Your lawyer will discuss your distribution options with you and create a proposed distribution table for you on that basis. If you’re being compensated for acting as Executor, your lawyer may also create a compensation schedule. Once your probate lawyer has all the necessary financial statements, they’ll also draft releases for each beneficiary to sign.

Step 13: Gather and Distribute Estate Assets (1-12 months)

In order to gather Estate assets, you’ll likely need to provide copies of the Grant of Probate to the Land Titles Office, banks, and other financial institutions. Once your probate lawyer has received signed releases back from all Estate beneficiaries, you’ll distribute the Estate according to the proposed distribution table. Depending on the circumstances, this process can be completed quite quickly, however, some Estates require multiple distributions, and it may take a year or more before all Estate assets have been liquidated and distributed.

Step 14: File all Necessary Tax Returns and Obtain a Clearance Certificate from the Canada Revenue Agency (CRA) (6-12 months)

There are a number of tax-related filings that an Executor needs to make. It’s best to consult with your tax accountant, who can advise and assist you with preparing all necessary returns and obtaining a clearance certificate.

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.

Contact a Calgary Probate Lawyer today

probate@west-legal.ca or 403-723-0175 to get started.

11 Responses

Tara E

June 9, 2021 at 10:57 pm


Good afternoon,

I am wondering how long probate is taking with Covid? It has been weeks and I am thinking it’s going to be longer with Covid. Is this correct?
John Westra

May 1, 2021 at 2:28 pm


Hi,
I am executor of my sister”s estate. The Will contains many beneficiaries. I was also her EPOA for the past number of years and was her only real family contact.
Her Will contains a paragraph to the effect that states “In recognition for his time and effort which will be required by by Executor, I DIRECT that my executor be paid an appropriate amount from my estate for the services he will perform in the administration and distribution of my estate. Such remuneration shall be treated as a debt owing by my estate and shall be disbursed prior to disbursement of any beneficiary named here in.”
My question is: Since estate debts are to be paid Firstly and prior to any disbursements, and since specific mention is made that executor fees are to be considered as a debt to be paid first, can these fees be paid prior to probate?
Dale Ashley

February 8, 2021 at 9:16 am


What are the typical costs and how are they determined for a Will probated in Alberta?
Thank you in advance.
1. David West
  
  February 9, 2021 at 1:23 pm
  
  
  Hi Dale,
  
  Thank you for your questions. The typical costs you will encounter in obtaining a Grant of Probate are generally limited to legal fees, court filing fees, and a very limited number of disbursements.
  
  Our legal fees are based on a set formula which can be found here: https://www.west-legal.ca/calgary-flat-rate-probate-lawyer-fees/.
  
  Court filing fees range from $35 to $525, depending on the value of the estate. The breakdown can be found on our website at the same link as above.
  
  Disbursements are minimal, with the main component being registered mail to serve the beneficiaries with notice of the probate application.
  
  If you have additional questions please don’t hesitate to reach out to me directly at dwest@west-legal.ca.
Charles Duggan

December 9, 2020 at 7:46 pm


Hello Zach,

Very informative article.. I was wondering at which point would the lawyer handling all of this be paid… would it be taken from the estate and at which step? Thanks!
1. Zach Davis
  
  December 9, 2020 at 8:36 pm
  
  
  Hi Charles, thank you for taking the time to review our article! To answer your question, typically the lawyer is paid after the Grant of Probate has been obtained. We normally accept a nominal up-front retainer to cover the court filing fee, with an understanding that we will be paid the remainder of our legal fee from estate funds once a grant has been obtained. If you would like to discuss your matter specifically, and any particular payment arrangements, don’t hesitate to reach out to me at (403) 723-0175.
L.M.

October 29, 2020 at 4:07 pm


Zach,
thanks for this informative article! I am wondering, is there a limit on the time frame in which one must apply for probate? i.e. how many months after the death? I’m wondering about legal and tax implications. Our loved one died 12/31/2019 and we have not applied for probate yet.
Thank you much!
1. Zach Davis
  
  October 30, 2020 at 10:32 pm
  
  
  Hi there, thank you for taking the time to read our article and leave a comment! The timelines you are working with will likely depend on the specific circumstances of your loved one’s Estate, and the steps that have been taken to-date. With that said, as it has nearly been one year since the deceased’s passing, it is recommended that you seek timely advice from legal counsel regarding any deadlines that you may face. If you’d like to set up a consultation with one of our estate lawyers, please contact our office at (403) 723-0175

Alberta Probate: How Long?