Which Court Handles Probate in Alberta and Where Do I File?

This answer covers the law of Alberta.

Probate applications in Alberta are heard in the Court of King's Bench as surrogate matters. You file at the judicial centre nearest by road to where the deceased lived on the date of death, unless the court allows otherwise. If the deceased lived outside Alberta, the application may be filed at the judicial centre closest to their Alberta property.

Non-contentious applications can be made online through the Surrogate Digital Service (SDS) or on paper using the GA forms starting with GA1. Without a lawyer, you can use SDS only if you are an Alberta resident and one of the applicants, while paper applications are also accepted for self-represented people. Lawyers and legal assistants must use SDS for applications it can process.

The court fee for the grant depends on the net value of Alberta property and tops out at $525. Before filing, check which judicial centre applies and whether your type of application can be handled online. If the estate is unusual, a lawyer can confirm the right place and method. A grant issued in another jurisdiction must be re-sealed by the Surrogate Court of Alberta before Land Titles will accept it for land.