Probate Legal Fees

Our goal at West Legal is to provide as much information to you at the beginning of any legal process so you can make an informed decision.

This focus on information sharing and transparency extends to our fee structure – there is value in knowing up front what our legal services will cost, giving you peace of mind and the ability to plan ahead.

Legal fees charged by Calgary probate lawyers are generally calculated based on the value of the estate. The reason for this is that as estates increase in value, they become more complex. Larger estates will often require the probate lawyer to deal with corporate holdings, various investment assets, multiple financial institutions, testamentary trusts created by the estate, real estate holdings, and multiple estate beneficiaries. The complexity of the estate demands more work and greater expertise by the probate lawyer.

At West Legal our probate fees are as follows:
  1. $2,000 + 1.5% of the value of the estate, not including real estate values*
  2. For real estate holdings that are part of the estate, we reduce our fee to 0.5% of the value of the real estate.

The legal fees on an estate with a value of $400,000 containing a condo valued at $250,000 and an additional $150,000 in bank accounts and investments would be calculated as follows:

  1. Condo: $250,000 x 0.5% = $1,250
  2. Other assets: $150,000 x 1.5% = $2,250
  3. Total Legal Fees: $2,000 (base fee) + $1,250 + $2,250 = $5,500

The Law Society of Alberta has suggested fee guidelines for Alberta probate lawyer fees. At West Legal, we find that our approach almost always results in lower legal fees for our clients. Using the above example, the suggested fee guideline would calculate probate legal fees using the formula of $2,250 + 1% of the gross value of the estate. Using the fee guideline, the client in the above example would pay $2,250 + $4,000 (1% of the estate value) for a total of $6,250.

In addition to probate lawyer fees, the Alberta Courts charge a filing fee when you apply for a Grant of Probate or Grant of Administration. The fees are calculated as follows:

Net Value of Estate Property Surrogate Court Fee
$10,000 or less $35
Over $10,000 but not more than $25,000 $135
Over $25,000 but not more than $125,000 $275
Over $125,000 but not more than $250,000 $400
Over $250,000 $525

Let the experienced Calgary probate lawyers at West Legal help you navigate the complex probate processes. As always, we offer no-charge, no-obligation consultations to help you determine what your next step should be, and the associated costs. Contact the Calgary probate lawyers at West Legal today.