How Much Are Probate Court Fees in Alberta?

When someone dies, one of the first questions is what it will cost to deal with the court. If you are the executor or a family member applying for a grant, the court fee is a fixed, published amount. It is not a guess.

This article covers court fees only. It does not cover lawyer fees. It also explains the other Surrogate court fees that can come up, and what costs sit outside the court fee.

This article covers the law of Alberta.

The main fee: a flat, tiered amount

The fee for issuing a grant of probate or a grant of administration depends on the net value of the deceased's property in Alberta. The same tiered fee applies when a grant from elsewhere is resealed in Alberta, but it does not apply to trusteeship.

The fee is based on the value of property in Alberta. How the net value is worked out for your estate depends on your situation, so it is worth confirming with a lawyer.

There is no percentage probate tax

Some people expect probate to cost a percentage of the estate. Alberta does not work that way. The Surrogate grant fee is a flat tiered amount, and it stops at $525 for any estate with net Alberta property over $250,000, however large.

When a grant is needed and how to apply

A grant of probate 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 fee table above applies to both.

A grant is not always required. A named personal representative can act without applying for a grant, 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 the grant or the will first. For a home, a grant is needed where the registered owner was a sole owner or tenant in common, while a surviving joint tenant does not need one to be put on title.

Surrogate matters are heard in the Court of King's Bench. Non-contentious applications, such as probate and administration, can be made online through the Surrogate Digital Service (SDS) or on paper using the GA forms starting with GA1. The application is generally filed 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, it can be filed at the judicial centre closest to the deceased's Alberta property.

An individual without a lawyer can use SDS only if they are an Alberta resident and one of the applicants, and paper applications are also accepted for self-represented people. Form GA1 is always required on a grant application, and other forms are required depending on the circumstances.

Other Surrogate court fees

Not every step uses the tiered fee. Depending on your situation, these fees may also apply:

A caveat is a way for a person to object to a grant being issued or resealed. While it is in effect, no further proceedings may be taken on the application, and it lasts 3 months from filing unless it is discharged, withdrawn, or the Court orders otherwise.

Costs that are separate from the court fee

The court fee is only part of the overall cost of settling an estate. Other costs can arise, and their amounts depend on the provider and the situation:

• Newspaper advertising for claimants against the estate. Notice must be published in a newspaper where the deceased usually lived, once if the gross estate is $100,000 or less, and at least twice if it is over $100,000.
• Certified copies of documents.
• A bond or other security. No bond is needed if the personal representative lives in Alberta, or if one of two or more personal representatives does. A non-resident personal representative must provide a bond or other court-approved security, and may apply to dispense with, reduce or substitute it.
• Lawyer fees, if you hire a lawyer.

Because these amounts are not set in one place, ask for a quote before you commit to any of them.

What to do next

Fee amounts can change, so check the current amounts at alberta.ca/court-fees before you file. Then work out the likely fee for your situation.

• Estimate the net value of the deceased's property in Alberta and find the matching tier.
• Check whether any special fee applies, such as a caveat or a supplemental grant.
• Confirm whether a personal representative lives in Alberta, since that affects whether a bond is needed.
• Ask about advertising, certified copy and lawyer costs before you begin.
• Speak with a lawyer if the estate is complex or someone may contest it.

Frequently asked questions