Edmonton Probate Process

Frequently Asked Questions

What is probate?

Probate is:

• Court process – Validates the will
• Confirms executor – Gives legal authority
• Protects beneficiaries – Ensures proper distribution
• May be required – For certain assets
• Can be expensive – Court fees apply
• Takes time – Process can be lengthy

How long does probate take?

Timeline depends on:

• Estate complexity – More assets take longer
• Will challenges – If contested
• Court backlog – Current caseload
• Executor efficiency – How quickly tasks done
• Asset location – Some take time to access
• Tax issues – If complex

What assets need probate?

Assets requiring probate:

• Real estate – In deceased’s name
• Bank accounts – Over certain amounts
• Investments – Without beneficiaries
• Business interests – Company shares
• Valuable items – Significant assets
• Some insurance – If estate is beneficiary

How much does probate cost?

Costs include:

• Court fees – Based on estate value
• Lawyer fees – For legal assistance
• Appraisal costs – For property valuation
• Publication fees – For notices
• Miscellaneous – Other expenses
• Executor compensation – If claimed

What if there’s no will?

Intestacy rules:

• Provincial law decides – Who gets estate
• Spouse gets share – Specific percentage
• Children get share – If no spouse
• Parents may inherit – If no spouse or children
• Government may get – If no relatives
• Court appoints administrator – To handle estate

Can probate be avoided?

Some assets avoid probate:

• Joint ownership – With right of survivorship
• Beneficiary designations – On insurance and pensions
• Trust assets – Already in trust
• Small estates – Under threshold
• Gifts during life – Given before death
• Proper planning – With legal advice

What are executor’s duties?

Executor must:

• Locate will – Find original document
• Notify beneficiaries – Inform interested parties
• Secure assets – Protect estate property
• Pay debts – Settle obligations
• File taxes – Complete returns
• Distribute estate – According to will

How is executor chosen?

Executor selection:

• Named in will – Primary choice
• Alternate executor – If first choice unavailable
• Court appointment – If no will
• Must be willing – Can decline
• Must be competent – Capable of duties
• Should be local – Lives in Alberta

What if will is challenged?

Will challenge process:

• File objection – Within time limit
• Provide evidence – Of invalidity
• Court hearing – To decide
• Possible mediation – To resolve
• Can be expensive – Legal costs
• Delays distribution – Until resolved

How are debts handled?

Debt payment:

• Notify creditors – Give proper notice
• Pay valid claims – From estate funds
• Dispute invalid claims – If necessary
• Priority order – Certain debts first
• Insufficient funds – Pro rata payment
• Personal liability – Executor protected

What are probate fees?

Fees based on:

• Estate value – Total assets
• Court schedule – Set amounts
• Additional costs – Other expenses
• Can be reduced – With planning
• Vary by province – Alberta rates
• Professional fees – Separate from court

How to speed up probate?

To expedite:

• Complete forms properly – Avoid errors
• Respond quickly – To requests
• Stay organized – Keep good records
• Get help – Professional assistance
• Communicate – With all parties
• Follow deadlines – Meet time limits

What is a grant of probate?

Grant of probate:

• Court document – Official certificate
• Proves authority – Of executor
• Required by institutions – To release assets
• Can be limited – Specific powers
• Must be registered – With relevant parties
• Valid until revoked – By court

How to find a good lawyer?

Finding a lawyer:

• Check experience – Look for probate specialization
• Review credentials – Professional qualifications
• Consider reputation – Standing in legal community
• Check references – From other clients
• Interview multiple – Meet with several lawyers
• Get referrals – Ask for recommendations