How Much Does Probate Cost in Alberta? Court Fees and Extras

If you are the executor, you will want a budget. In Alberta the main court cost is modest and follows a set scale, but it is not the only expense you may face.

This article sets out the court fees that are published, and flags the costs that vary and cannot be pinned down in advance. Confirm current amounts on the Alberta government court fees page before you file.

This article covers the law of Alberta.

The grant fee

A grant of probate is used where there is a will. It is a request asking 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. The same fee scale applies to both.

The court fee for issuing a grant of probate or administration, or resealing a grant (excluding trusteeship), depends on the net value of property in Alberta.

All figures in the table come from the published tiers. Alberta has no percentage probate tax: the fee is a flat tiered amount that stops at $525 however large the estate.

Other court fees that may apply

• Documents that require the opening of a court file respecting an estate: $300.
• Double probate, a supplemental grant, or a grant of administration of unadministered property: $300, not the tiered fee.
• An application for trusteeship: $300. Filing a caveat: $300.
• An application in the course of an action or proceeding respecting an estate or trusteeship: $100.
• Searching and/or inspecting a file: $25.

Which of these apply depends on what your estate needs. A straightforward estate may only face the tiered grant fee.

A grant is also not always required. A named personal representative may act without applying for one, but must give notices to beneficiaries, family members, a spouse or adult interdependent partner, and the Public Trustee. Whether a grant is practically needed depends on the asset and who holds it, and third parties may reasonably ask to see a grant or the will first.

Costs not set by statute, and the bond rule

Some costs are real but vary, so no figure can be given here. Ask for quotes for each.

• Newspaper advertising for claimants. How many times you must publish depends on the estate: at least once if the gross estate is $100,000 or less, and at least twice with 5 or more days between publications if it is over $100,000.
• Certified copies of the grant, which institutions and Land Titles may ask for. Land Titles requires an original filed copy of the grant for land, and a notarized copy is unacceptable.
• Professional help, such as a lawyer or accountant. Fees vary, so ask about both legal fees and what you may claim as personal representative.

A bond is different, because the court rules address it. No bond is needed if the personal representative lives in Alberta, or if one of two or more does. A non-resident personal representative must provide a bond or other court-approved security, the bond amount equals the gross value of the deceased's Alberta property, and the bond must come from an insurer licensed for fidelity insurance. A non-resident may apply to dispense with, reduce or substitute the security.

Doing it yourself or with help

Surrogate matters are heard in the Court of King's Bench. Non-contentious applications can be made online through the Surrogate Digital Service or on paper using the GA forms starting with GA1.

Individuals can file applications themselves. Without a lawyer, you can use the Surrogate Digital Service only if you are an Alberta resident and one of the applicants. Paper applications are also accepted from self-represented people.

The Surrogate Rules and Forms Package is a guide to grant applications suited to simple applications that individuals file themselves. Complex estates, disputes or out-of-province assets are where legal advice tends to save money by avoiding mistakes. A caveat, for example, can delay a grant.

What to do next

• Estimate the net value of the deceased's Alberta property to find your fee tier.
• Check the current court fees on the Alberta government page.
• Ask newspapers for advertising quotes for the area where the deceased usually lived.
• Decide how many certified copies you may need.
• Ask a lawyer or accountant for a written estimate if the estate is complex.

Frequently asked questions