Do Surviving Spouses Need to Apply for Probate or Administration in Alberta?

When an individual dies with a surviving spouse who is the sole beneficiary, the distribution of assets is often straightforward. In many cases, the surviving spouse already has joint ownership of significant assets like bank accounts and real property, and is often the designated beneficiary of registered accounts such as TFSAs, RRSPs, or life insurance policies. In this case, it is often unnecessary to apply for a grant of probate or administration, as the deceased's ownership of assets passes directly to the surviving spouse via the legal mechanism of survivorship.

However, sometimes the deceased partner may have sole ownership of a vehicle or a bank account with a small balance. Additionally, if a life insurance policy does not designate a beneficiary, then the proceeds of the policy are payable to the estate of the deceased, in which case an application for a grant of probate or administration is necessary.

If you're uncertain about probate requirements as a surviving spouse in Alberta, contact Wiebe Law for personalized legal guidance.

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Joint Ownership and Survivorship

In Alberta, many couples hold assets in joint ownership. This includes joint bank accounts and joint title to real estate. When one spouse dies, the principle of survivorship applies. This means the deceased's interest in the jointly held assets automatically transfers to the surviving spouse without the need for a legal process like probate or administration. For example, if you share a joint bank account, you will continue to have full access to the funds after your spouse’s passing.

(To ensure transfer of title to a survivor, see the Government of Alberta's Statutory Declaration Surviving Joint Tenant Information Sheet and Alberta Land Titles Form A Statutory Declaration Re: Proof of Death.)

Additionally, if the surviving spouse is the designated beneficiary of registered accounts such as TFSAs or RRSPs, or a life insurance policy, the proceeds pass directly to the surviving spouse, bypassing the estate. This can simplify the process significantly and prevent delays in accessing funds.

Do I Need Probate or Administration?

Probate or administration may still be necessary when not all assets are held jointly. For example, if the deceased held sole ownership of certain assets, such as a vehicle or a bank account with a small balance, the estate may need to go through probate or administration. Additionally, if a life insurance policy does not designate a beneficiary, the policy proceeds will be payable to the deceased’s estate, requiring probate or administration to distribute the funds.

Even when a will exists, certain procedures can vary. Some Alberta registry agents may transfer the registration of a vehicle to the surviving spouse by presenting the will, although some agents may require a grant. Sometimes it may be helpful to present a notarized copy of the will. In cases where no will exists, a grant of administration will usually be required.

Similarly, for bank accounts not held jointly, some banks may release funds for small account balances (typically under $10,000) with just the will. However, the bank may still require probate, particularly if the account balance exceeds that threshold.

Reviewing Assets and Next Steps

If you are a surviving spouse or the executor of an estate whose beneficiary is a surviving spouse, it’s essential to conduct a thorough review of the deceased’s assets to determine if any were solely owned. While many assets may pass through survivorship, others may require probate or administration. Before proceeding, you will need to consider whether the value of those assets justifies the expense of a probate or administration application.

As a probate lawyer offering remote services, I can guide you through this process efficiently and at a lower cost than traditional firms. Contact me for a free consultation, and we can discuss your specific situation and whether probate or administration is necessary.

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