Probate A will
The Grant of Probate is legal proof that the will is valid and that you are entitled, as the personal representative, to act for the deceased.
Do you have to probate a will in Alberta?
It really depends on the amount and/or complexity of the estate. Probate isn't always required, especially for small, straightforward estates where all assets are jointly owned. A common example is when the surviving spouse simply becomes the sole owner of the assets since everything is already in both names. If there are third parties involved, such as financial institutions or the land titles office (you are selling real estate), you will have to contact them to find out whether they will allow you to forego probate and, if so, what they will need to get assurance.
WHEN IS PROBATE REQUIRED?
Generally, you have to probate a will in Alberta if:
- There is no surviving spouse as a joint tenant.
- The assets, notably real estate, are in the name of the deceased only.
- There is a substantial amount of money in bank accounts and other investments.
- There are questions about the validity of the will, or there is no will.
- The estate is the beneficiary of benefits from registered retirement plans.
How do I obtain a grant of probate?
The process of obtaining a Grant of Probate requires you to submit a number of documents, including the will, to the court. The court will review everything and, if you've filled all the forms out correctly and the court agrees with everything, issue the grant. You may wish to contact a lawyer to provide assistance with determining if a grant is required.