- The court fee for a grant of probate or administration in Alberta depends on the net value of the deceased's property in Alberta.
- The fee is a flat tiered amount that tops out at $525 for net Alberta property over $250,000, however large.
- Some steps, such as opening a court file, filing a caveat or a supplemental grant, carry separate fees.
When someone dies, one of the first questions is what it will cost to have the Court confirm who can deal with the estate. In Alberta, the main court charge is a fee for issuing the grant, and it is much simpler than many people expect.
This article explains how that fee is worked out, where the $525 maximum comes from, and which other court fees can show up. It is general information, not advice on your particular estate.
This article covers the law of Alberta.
What the grant fee pays for
A grant of probate is used where there is a will. It asks the Court to confirm that the person named in the will has authority to administer the estate. A grant of administration is used where there is no will, or the named executor does not act, and a family member or other party goes to court for authorization to settle the estate.
Surrogate matters are heard in the Court of King's Bench. The fee described below is the court's charge for issuing either kind of grant, or for resealing a grant, which excludes trusteeship.
How the fee is calculated
The fee depends on the net value of property in Alberta. It is not a percentage of the estate. It is set by the band the value falls into.
| Net value of property in Alberta | Court fee |
|---|---|
| $10,000 or less | $35 |
| Over $10,000 to $25,000 | $135 |
| Over $25,000 to $125,000 | $275 |
| Over $125,000 to $250,000 | $400 |
| Over $250,000 | $525 |
Because the fee follows property in Alberta, the figure that matters is the net value of what the deceased owned here. Your lawyer or the court clerk can help confirm which band applies to a particular estate, and it is sensible to check the current amounts on the Alberta government court fees page before you file.
The $525 maximum
The grant fee is a flat tiered amount that tops out at $525 for any estate with net Alberta property over $250,000, however large. A very large estate therefore pays the same grant fee as an estate just over that line.
Alberta has no percentage probate tax. That is the key difference from places where the charge rises with the estate.
Other court fees that may apply
The tiered fee is not the only possible charge. Some steps are priced separately, and these are not tied to estate value.
| Step | Fee |
|---|---|
| Documents that require opening a court file respecting an estate | $300 |
| Double probate, a supplemental grant, or a grant of administration of unadministered property | $300 |
| Application for trusteeship | $300 |
| Filing a caveat | $300 |
| Application in the course of an action or proceeding respecting an estate or trusteeship | $100 |
| Searching and/or inspecting a file | $25 |
The $300 fee applies to documents that require opening a court file, and also to double probate, a supplemental grant or a grant of administration of unadministered property, instead of the tiered fee. An application for trusteeship costs $300, and so does filing a caveat. An application in the course of a proceeding is $100, and a file search or inspection is $25.
Costs that are not court fees, such as newspaper advertising for claimants, certified copies and lawyer fees, are set separately and vary, so ask for current figures.
What to do next
- Work out the net value of the deceased's property in Alberta, so you know which fee band applies.
- Check the current amounts on the Alberta government court fees page before filing.
- Decide whether you will apply online through the Surrogate Digital Service or on paper using the GA forms.
- Budget separately for items outside the grant fee, such as advertising for claimants and any caveat or other applications.
- Speak with a lawyer if the estate is contested, includes property outside Alberta, or involves a minor beneficiary.
Frequently asked questions
Is the Alberta probate fee a percentage of the estate?
No. The Surrogate grant fee is a flat tiered amount based on the net value of property in Alberta. Alberta has no percentage probate tax.
What is the most I will pay for the grant itself?
The grant fee tops out at $525 when net Alberta property is over $250,000, however large the estate is. Other fees for separate steps may still apply.
Does the same fee apply to a grant of administration?
Yes. The tiered fee applies to issuing a grant of probate or administration, or resealing a grant. A grant of administration of unadministered property is the exception and costs $300 instead.
Do I pay the fee if the deceased lived outside Alberta?
The fee depends on the net value of property in Alberta. A foreign grant that is resealed in Alberta falls under the same fee schedule. A lawyer can confirm how this works for your situation.
Sources
- Alberta.ca – Deceased persons' estates (Office of the Public Guardian and Trustee) — alberta.ca
- Alberta.ca – Court fees (Surrogate Matters, Court of King's Bench) — alberta.ca
- Alberta.ca – Surrogate applications — alberta.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
A single will with us is from $628.95, tax included. Third-party fees are extra.