Navigate your probate journey with ease

We understand the probate process can be overwhelming. That's why we offer affordable, hassle-free probate assistance to help executors manage their loved one's estates smoothly.

Your Path to Probate Simplified

Take the first step toward clarity and peace of mind

Start with a complimentary call with a Wills and Estates Paralegal and Certified Executor Advisor. With lawyer supervision, a member of our team will assist you in determining whether probate is required and advise you on the first steps you need to take as executor.  

Step 1: Information gathering

Following your initial complimentary call, we will guide you in gathering information regarding the deceased, their family, and their property, which is required to apply for the grant of probate or administration.

Step 2: Application preparation and submission

With the information you have provided, we prepare and submit the application for a grant of probate or administration on your behalf. We keep you informed on the process and update you once the grant is received.

Step 3:  Supporting you as an executor

After receiving the grant, we provide instructions on the next steps you must take as executor. We are also available to assist with these steps at your request.

What happens if somebody passes away without a will?

Depending on the circumstances, we can help obtain a grant of administration for the estate. The legislation provides priority for the closest family members; it is important that the person who has the first priority is the person to apply.

Please schedule a complimentary call to explore potential next steps.

What is probate and when is it necessary?

Probate is a legal process that occurs after someone passes away. Through this process, the court (known as the Surrogate Court) confirms the validity of the will and the executor’s authority to manage and distribute the deceased person's estate, settle debts, and handle any remaining financial matters.

The question of when probate is required largely depends on the assets owned by the deceased, known as their estate. If they executor owned assets of significant value or real estate as sole owner, probate is generally required, and the executor may only deal with these assets after a grant of probate is obtained.

Receive a straightforward fee estimate during your first call with us

Our commitment to competitive pricing ensures that you receive top-tier legal assistance without compromise, setting you on the path to a seamless probate experience.

We do not require a retainer or take any upfront fees. We generally do not require payment until the grant of probate or administration is received.

Probate FAQ

  • Probate is a legal process that confirms the validity person's will and allows for the distribution of their assets. In Alberta, probate is generally required when the deceased owned assets solely in their name, such as real estate or bank accounts of significant value.

  • Administration is a legal process that appoints someone to deal with a deceased person’s assets when they did not have a will. In many ways, it is similar to applying for probate; however, the estate is distributed according to legislation, instead of wishes documented in a will.

  • WillWise utilizes a new online service available to lawyers in Alberta, called the Surrogate Digital Service. On average, obtaining probate can take anywhere from one to three weeks from the time that the final application is submitted.

  • The costs associated with applying for probate include legal fees, court fees, and other out of pocket expenses.

    Legal and court fees can vary based on the value of the estate. Legal fees are charged by the lawyer to apply for probate on behalf of the executor and are typically in the range of several thousand dollars. Court fees range from $35 to $525.

    Additional out of pocket expenses are relatively low and may include things like Land Titles fees or courier fees. Willwise does not markup up these additional expenses.

    WillWise does not charge for fees upfront. All fees charged by WillWise are invoiced once probate is granted. The grant of probate is released to the executor upon payment.

  • Only assets forming the deceased’s “estate” go through probate in Alberta. Some assets, such as those passing by joint tenancy property or registered accounts (RRSP, RRIF, TFSA) with designated beneficiaries, may pass outside estate.

    If probate is required all assets of the estate must be included. For example, it is not possible to probate just a portion of the estate (ie. a single asset such as a home); all assets within the estate must be included. In addition, certain assets passing outside the estate must also be disclosed in the probate application.

  • In Alberta, there are limited ways in which a will can be contested. These include issues that make the will invalid, such as a lack of mental capacity when the will was made, undue influence, or technical issues that impact the validity of the will.

    Certain individuals – such as a surviving spouse, surviving adult interdependent partner (common law partner), and dependent children – may contest the will if they have not been adequately supported.   

    A challenge to a will must be brought within six months from the date of the grant of probate.

  • Yes, executors can seek legal assistance for probate in Alberta. Hiring a probate lawyer can help navigate the complexities of the probate process, ensure compliance with legal requirements, and expedite the administration of the estate.

  • When probate is required, there are generally no alternatives. In some cases, there be exceptions to allow an executor to proceed without probate, such as where the estate is small and does not include real estate. It is advisable to consult with a lawyer to explore these options.

  • Steps may include advertising for the estate's creditors, dealing with assets and estate funds, handling estate expenses, transferring the estate to beneficiaries, preparing releases, and in accounting for funds received/paid by the estate.

    Our firm is available to assist our executor clients with these matters, at their request.