Do I need probate in Alberta if there is a will?

Not always. A will names you as personal representative, but it does not by itself give you authority over every asset. If the estate includes sole-name real estate, or an institution asks for a grant before releasing funds, you will still need to apply. If everything passes by survivorship or beneficiary designation, a grant may not be needed.

How much does probate cost in Alberta?

Alberta charges a flat court filing fee on a sliding scale based on the net value of the estate's property, not a percentage tax. It is $35 for estates of $10,000 or less, $135 up to $25,000, $275 up to $125,000, $400 up to $250,000, and $525 for estates above $250,000. The maximum fee is $525.

Does Alberta have a simplified process for small estates?

No. Alberta has no separate small-estate procedure or dedicated form. Estates of every size use the same Grant Application forms, starting with Form GA1, filed through the Surrogate Digital Service or on paper. The practical way to avoid probate for a smaller estate is having no sole-name assets that need a grant.

How long does probate take in Alberta?

It depends on the estate and the court's workload. You first need to gather asset information and notify beneficiaries, then the court reviews the application. Straightforward estates often take several weeks to a few months. Estates that are contested, involve minor beneficiaries, or need the Public Trustee's review usually take longer.

Alberta

Do you need probate in Alberta?

Losing someone close to you is difficult, and being named to handle their estate adds a lot to carry. In Alberta, probate means applying to the Court of King's Bench of Alberta for a grant of probate (where there is a will) or a grant of administration (where there is not). Whether you need a grant depends mostly on what the person owned and how each asset was held.

Check your situation

When is probate required in Alberta?

Probate is usually required when…

The deceased owned real estate in their sole name (or as a tenant in common) and the title must be transferred or sold.
A bank or investment firm holds a sole-name account above its internal limit and asks for a grant before releasing funds.
Investments, vehicles, or other assets were registered only in the deceased's name and the holder needs proof of your authority.
There is no valid will, no willing executor, or a dispute about the will or the personal representative's authority.

Probate is usually not required when…

Every asset was held in joint tenancy with right of survivorship and passes automatically to the surviving owner.
Assets such as life insurance, an RRSP, RRIF, TFSA, or pension had a valid named beneficiary other than the estate.
The estate is only small bank balances the institution agrees to release without a grant.
The deceased owned no real estate in their sole name and no institution requires a grant to release what they held.

Simplified small-estate process

Alberta does not have a separate simplified small-estate process. Estates use the standard application regardless of size.

Probate fees

Flat surrogate court filing fee on a tiered scale based on the net value of estate property (Schedule 2 of the Surrogate Rules): $35 for estates of $10,000 or less; $135 over $10,000 up to $25,000; $275 over $25,000 up to $125,000; $400 over $125,000 up to $250,000; $525 (the maximum) over $250,000. Alberta levies no percentage-based estate administration tax.

Where to apply

Applications are made to the Court of King's Bench of Alberta (Surrogate Matters). Make a list of every asset the deceased owned and exactly how each was held (joint with survivor, named beneficiary, or sole name), then apply to the Court of King's Bench of Alberta starting with Form GA1 via the Surrogate Digital Service if any sole-name asset — especially real estate — requires a grant.

Common questions about probate in Alberta

Do I need probate in Alberta if there is a will?: Not always. A will names you as personal representative, but it does not by itself give you authority over every asset. If the estate includes sole-name real estate, or an institution asks for a grant before releasing funds, you will still need to apply. If everything passes by survivorship or beneficiary designation, a grant may not be needed.
How much does probate cost in Alberta?: Alberta charges a flat court filing fee on a sliding scale based on the net value of the estate's property, not a percentage tax. It is $35 for estates of $10,000 or less, $135 up to $25,000, $275 up to $125,000, $400 up to $250,000, and $525 for estates above $250,000. The maximum fee is $525.
Does Alberta have a simplified process for small estates?: No. Alberta has no separate small-estate procedure or dedicated form. Estates of every size use the same Grant Application forms, starting with Form GA1, filed through the Surrogate Digital Service or on paper. The practical way to avoid probate for a smaller estate is having no sole-name assets that need a grant.
How long does probate take in Alberta?: It depends on the estate and the court's workload. You first need to gather asset information and notify beneficiaries, then the court reviews the application. Straightforward estates often take several weeks to a few months. Estates that are contested, involve minor beneficiaries, or need the Public Trustee's review usually take longer.

Official sources

This page is general information about probate in Alberta, not legal advice. Estate law changes and is specific to each situation — confirm yours with a lawyer licensed in Alberta.