Application for Probate

In Alberta for the authority to “probate” a Last Will and Testament, a personal representative, or more commonly referred to as executor, must obtain consent to do this.

Without probate occurring an individual, even when named in the last will and testament, as a personal representative (Executor) does not have the authority to take action.

When dealing with financial institutions they will expect that the probate has been completed, so that they know there is a confirmed accepted authorization in place, prior to the deceased’s finances being altered.

The fact financial matters may be on hold, prior to when a granting of probate, may be stressful, and this can create substantial interim problems. Delay in pursuing probate may be detrimental, and so it is advised to pursue action sooner rather than later.  

In Alberta there are specific circumstances that necessitate proceeding with probate, such as the deceased owning real estate and financial assets over $25,000 in value, among others.

It is important that detailed information is collected on the assets and debts of the estate, and biographical detailing of the deceased and their immediate relatives.

All relevant information is than submitted with a complete application for probate that will then include notice to beneficiaries.

It is essential that the surrogate court which reviews the application prior to a Justice of the Court of King’s Bench of Alberta, has met all necessary requirements for this application.  

Rejections can be time consuming and will mean further delay in receiving a final grant of probate, which is required before a personal representative has the authority to act.

After a grant of probate is complete, a personal representative/executor’s responsibilities are not yet complete.  There are further requirements for advertising to potential creditors, a deadline for filing of claims, and finalizing taxable obligations of the estate with the Canada Revenue Agency.

It should be noted that there can be further formal requirements, such as a passing of accounts as part of a grant of probate that can be requested by beneficiaries, as well as required by the court.

At Family Central Law we regularly assist clients in the completion of their application for probate, and we will guide clients through this process from start to finish.  Kindly do not hesitate to reach out to begin the initial process for a probate application.

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