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

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.