Do all assets go through probate in Alberta?

No. Whether an asset requires probate depends on how it was owned. Assets held jointly with right of survivorship, or with a named beneficiary (such as most RRSPs, TFSAs, and life insurance), usually pass directly outside the estate. Assets in the deceased's name alone, such as solely-owned real estate or accounts above an institution's threshold, typically require a grant. There is no fixed dollar amount in Alberta law that triggers probate, so when in doubt, ask the institution what it needs before releasing the asset.

Should you apply for probate even if it isn't required?

Sometimes, yes. Even when probate isn't strictly required, a grant can protect the executor from personal liability, trigger limitation periods for claims against the estate, and give beneficiaries and other parties certainty that the estate is in proper hands. Whether it's worth applying depends on the estate, which is something we can help you assess.

What are an executor's responsibilities in Alberta?

An executor (or administrator) is legally responsible for handling the estate properly and can be held personally accountable. In broad terms, the role means securing and inventorying the estate, applying for a grant where one is required, notifying beneficiaries, paying debts and taxes, keeping proper records, and distributing the estate correctly. Because mistakes can create personal liability, many executors choose to work with a lawyer.

What happens if someone dies without a will in Alberta?

When a person dies without a valid will, they are said to have died intestate. There is no executor, so a close relative applies to the court for a grant of administration, and the estate is distributed according to the intestacy rules in Alberta's Wills and Succession Act rather than the deceased's wishes. Those rules prioritize a surviving spouse or adult interdependent partner and the deceased's children, with the shares depending on the family situation. Because the outcome turns on the specific circumstances, intestacy can produce results the deceased would not have chosen.

How can a person contest a will in Alberta?

A person with legal standing can challenge a will in one of two ways, and the timing is different for each. A validity challenge questions whether the will is legally valid - for example on grounds of lack of capacity, undue influence, or improper execution - and Alberta law sets no fixed statutory deadline for bringing one, though it is important to act promptly before the estate is distributed. A family maintenance and support claim is different: it argues the will fails to make adequate provision for a spouse, adult interdependent partner, or dependent child, and under the Wills and Succession Act it generally must be brought within six months of the grant being issued, though the court can extend that period. Because the two paths have different tests and timelines, it is worth getting advice early.

Woman thoughtfully considering probate and estate administration decisions

Probate & Estate Administration in Alberta

Being named an executor can feel overwhelming, and one of the first things to determine is whether the estate needs probate at all. Probate is the court process that confirms a will is valid and gives the executor the legal authority to administer the estate. Whether you need it depends on what the estate holds and how those assets are owned.

WillWise helps executors settle Alberta estates, both from our Edmonton office and remotely. We can help you determine whether you need probate and guide you through the process.

Book a Call

Probate vs. administration: what's the difference?

These two terms are often used interchangeably, but in Alberta they describe different situations.

Probate applies when there is a valid will. The executor named in the will applies to the Surrogate Court (part of the Court of King's Bench) for a grant of probate, which confirms the will is valid and confirms the executor's authority to act.

Administration applies when there is no will, or when the will names no executor who is able and willing to act. In that case a close relative applies for a grant of administration, and where there is no will the estate is distributed according to Alberta's intestacy rules rather than the deceased's written wishes.

In both cases the court is confirming who has the legal authority to deal with the estate. Alberta law uses the broader term personal representative to cover both executors and administrators.

How does the probate process work in Alberta?

While every estate is different, the process generally follows the same path: locate the will and confirm who has authority to act, prepare an inventory of the estate's assets and debts, file the application with the Surrogate Court, notify beneficiaries and other required parties, pay debts and taxes (including obtaining a clearance certificate from the Canada Revenue Agency), and finally distribute the estate once the grant is issued and the claims window has passed.

How long this takes depends on the estate's size and complexity, and the costs involved (primarily court fees and legal fees) vary with the value of the estate. See our Edmonton probate page for current pricing and timelines.

Frequently Asked Questions

Reviewed by Megan Koper, JD, Lawyer & Principal at WillWise. Last reviewed: June 2026.

No. Whether an asset requires probate depends on how it was owned. Assets held jointly with right of survivorship, or with a named beneficiary (such as most RRSPs, TFSAs, and life insurance), usually pass directly outside the estate. Assets in the deceased's name alone, such as solely-owned real estate or accounts above an institution's threshold, typically require a grant. There is no fixed dollar amount in Alberta law that triggers probate, so when in doubt, ask the institution what it needs before releasing the asset.
Sometimes, yes. Even when probate isn't strictly required, a grant can protect the executor from personal liability, trigger limitation periods for claims against the estate, and give beneficiaries and other parties certainty that the estate is in proper hands. Whether it's worth applying depends on the estate, which is something we can help you assess.
An executor (or administrator) is legally responsible for handling the estate properly and can be held personally accountable. In broad terms, the role means securing and inventorying the estate, applying for a grant where one is required, notifying beneficiaries, paying debts and taxes, keeping proper records, and distributing the estate correctly. Because mistakes can create personal liability, many executors choose to work with a lawyer.
When a person dies without a valid will, they are said to have died intestate. There is no executor, so a close relative applies to the court for a grant of administration, and the estate is distributed according to the intestacy rules in Alberta's Wills and Succession Act rather than the deceased's wishes. Those rules prioritize a surviving spouse or adult interdependent partner and the deceased's children, with the shares depending on the family situation. Because the outcome turns on the specific circumstances, intestacy can produce results the deceased would not have chosen.
A person with legal standing – typically a spouse, adult interdependent partner, dependent child, or beneficiary – may challenge a will, either by questioning whether it is valid (for example, on grounds of lack of capacity, undue influence, or improper execution) or by claiming it fails to make adequate provision for a dependant under the Wills and Succession Act. Timing is critical: an application generally must be brought within six months of the date the grant is issued, though the court has discretion to extend that period. Missing the deadline usually means losing the right to bring the claim.

How WillWise can help

WillWise offers transparent, published pricing with no surprises. We don't require a retainer or any upfront fees, and we generally don't ask for payment until the grant of probate or administration is received.

Our process is remote-first, so we can work with you from our Edmonton office or entirely at a distance. On your first call, we'll help you determine whether you need probate and give you a straightforward estimate of what it will cost.

See our probate services and pricing or schedule a call to learn more.