Serving as an executor is a significant responsibility. Executors often spend months—or even years—administering an estate, dealing with banks, preparing tax returns, gathering assets, communicating with beneficiaries, and resolving legal issues. It is therefore reasonable for an executor to be compensated for their work. A common question we hear is: Can an executor pay themselves compensation before the estate administration is complete? The answer is: sometimes—but only if

When a loved one passes away, locating the original signed Will is often one of the first steps in administering the estate. But what happens if the original Will cannot be found? Is the estate forced to proceed as though there was no Will? Fortunately, the answer is often no. Alberta law allows the Court to admit a copy of a Will to probate in certain circumstances. However, obtaining probate of a lost Will requires additional evidence and can be more complicated than a stan

Discovering a mistake in a will can be stressful, especially when the error affects who inherits an estate or creates uncertainty during the probate process. The good news is that Alberta law provides a mechanism to correct certain mistakes in a will through a court application known as rectification. At Wiebe Law, we assist executors, beneficiaries, and family members with applications to rectify wills and obtain probate in Alberta. What Is Rectification of a Will? Rectifica

When a loved one passes away in Alberta, managing their estate involves several responsibilities, including selling vehicles registered in their name. Executors often face uncertainty about the legal process and documentation required. Understanding the steps can save time and prevent complications. In Alberta, a power of attorney ceases upon death. This means only the executor named in the will (or the estate administrator appointed by the court if there’s no will) can leg

Planning ahead is one of the most important things you can do to protect yourself and your family. Estate planning in Alberta involves two key legal tools used in advance care planning: a Power of Attorney and a Personal Directive . While they are often discussed together, they serve very different purposes. Understanding how they work and when they apply can help ensure your financial affairs and personal care decisions are handled by someone you trust if you become unable

When an Alberta resident dies owning assets outside the province, executors often ask a simple question: Where do we file for probate? The short answer: You usually start in Alberta, but you may also need to reseal the grant in another Canadian province and/or obtain an ancillary grant in a foreign country. Step 1: Where Is the “Primary” Probate Filed? If the deceased was ordinarily resident in Alberta at death , the application for probate is typically filed with the Albert

Being named as an executor in a Will is an honour, but it is also a legal role with real risk, time commitment, and personal liability. In Alberta, you are not required to accept the role, even if the Will names you as executor. While many executors handle estates without issue in Alberta each year, before saying yes, you should understand the situations when accepting the role may be a mistake. This post explains when you should think carefully or decline outright before act

It is common for a Will to name an executor who lives outside Canada , often a child, sibling, or trusted family member. In Alberta, a non-resident can act as executor. However, in many estates, doing so creates serious tax, administrative, and risk issues . In some cases, accepting the role is a mistake. This post explains why non-resident executors face unique risks under Canadian law and why legal advice is essential before accepting the role. The Core Issue: Where Is t

When applying for probate in Alberta, one of the Court’s main concerns is whether the will was properly executed. The Affidavit of Witness to a Will exists to answer that question. Having this affidavit almost always speeds up probate. Not having it often means extra steps and delays.

Short answer: an executor in Alberta generally cannot complete the sale or transfer of a deceased person’s house until a Grant of Probate is issued . However, there are lawful and practical steps an executor can take before probate to prepare for and even conditionally enter into a sale. This article explains the rule, the exceptions, and the practical process executors should follow. The Legal Rule in Alberta In Alberta, an executor’s authority technically flows from the w

Under Alberta law, a children under 18 cannot receive property outright. Under Alberta law, a child under 18 cannot receive property outright. If a minor inherits a lump‑sum gift, life‑insurance policy, or RRSP designation, the money is diverted to the Office of the Public Trustee until the child’s 18th birthday (or to age 19 in British Columbia, 21 in some other provinces) unless your will designates a trustee. The Public Trustee must invest conservatively and hand every dol

A family home or cottage is often an asset at stake when a widowed person with children remarries later in life. Blended families (where one or both spouses have children from previous relationships) now make up roughly one‑third of Canadian households. That shift creates an estate‑planning puzzle: spouses want to care for each other and protect children from first marriages, but Alberta’s default intestacy rules don’t always balance those interests.  In blended family situat

Serving as an executor—called a personal representative under Alberta’s Estate Administration Act—is an honour, but also a job that can last a year or more. Before you say “yes,” make sure you understand the executor responsibilities Alberta law imposes and what help is available.

If you have been named executor of an Alberta estate but live in another province—or even another country—you can act, but there is one extra hurdle: the probate bond. To protect beneficiaries and creditors, Rule 28 requires a non-resident personal representative to file a surety bond equal to the gross value of the estate unless the court orders otherwise. A probate bond is a form of insurance: if the executor absconds with funds or mishandles the estate, the surety compa

Probate is the court-supervised step that confirms a will’s validity and appoints the personal representative (executor). In Alberta, the Court of King’s Bench (Surrogate Division) issues one of two documents: (1) a Grant of Probate if there is a valid will naming an executor or (2) a Grant of Administration if there is no will, or the named executor cannot act. Until the Grant is in hand, banks, brokerages, and the land titles office generally refuse to release or transfer e

Alberta does not have a precise statutory formula for calculating executor fees. Instead, guidance is found within the Surrogate Rules and case law interpreting what constitutes fair compensation. Factors typically include: the size and complexity of the estate, the skill and efficiency demonstrated by the executor, and the actual time spent administering the estate. While there is no set percentage, courts often use 3-5% of the estate’s gross value as a general benchmark.

Discover whether surviving spouses in Alberta need to apply for probate or administration.

Understanding the distinctions between a grant of probate and a grant of administration is critical when administering an estate.

Learn the essential duties of an executor in Alberta's probate process, from asset management to estate distribution.