Frequently Asked Questions about

Probate Services

What is Probate? What do I need it for?

The term “Probate” essentially means approving a Will. Probating a Will requires making a court application to a Judge. If the Judge approves the Will they will issue a Grant of Probate, which is a court order confirming the Will and the correct Personal Representative for the estate.

Certain kinds of assets, such as solely held bank accounts, real estate, and non-registered investments typically require a Grant of Probate to access, transfer or sell them.

Whether or not you need a Grant of Probate usually depends on the types of assets in the estate. If the assets are all jointly held with a spouse, Probate may not be necessary.

What is a Grant of Administration?

A Grant of Administration is like a Grant of Probate for an estate where there is no Will. The Grant of Administration is a court order that gives a Personal Representative (or multiple Personal Representatives) the power and authority to act on behalf of the Estate.

When there is no Will, government rules set out who has priority to apply to become the Personal Representative. Generally, the priority to apply works like this:

  • If the Deceased had a spouse (or common-law partner), the spouse has priority

  • If the Deceased had no spouse but has adult children, the children have priority

  • If the Deceased had no spouse or adult children, the Deceased’s parents have priority

The rules work so that there should be someone in the Deceased’s immediate or extended family who has the priority to apply.

Can someone else be Personal Representative?

It is possible for a person who is named as Personal Representative in a Will, or who has priority if there is no Will, to appoint someone else to act as Personal Representative or to renounce their right to apply to become Personal Representative. This often happens when the person who would be Personal Representative would have difficulty administering the estate.

The process for appointing another Personal Representative or renouncing one’s right to apply is very simple and can be done via email.

Our Services

Why do you charge a flat fee when estate lawyers charge a flat fee plus percentage?

Some people think that there may be a “catch” to our advertised fee, and we will charge some hidden or additional costs.

Our fees are exactly as advertised. We charge a flat fee instead of a flat fee plus percentage because our firm utilizes the latest technology (including our own internal processes and software) to ensure that we are operating efficiently. This allows us to save time and complete the work faster than law firms. Our efficiency means we can charge less than traditional probate firms and services that do not have the same processes and resources.

If the estate is simple and straightforward, we can save the estate thousands of dollars.

What about complicated applications?

Our service is appropriate for “non-complicated” matters. Complicated matters would include situations where

  • There is some defect with the will and the validity of the will could be challenged

  • There is a concern about the mental state of the deceased at the time they made a will, or that the will was made under duress

  • There is a person who has a potential claim against the estate - like a disabled adult child

  • There are no Personal Representatives who live in Alberta

We will assess your matter and let you know if we believe our services are appropriate.

What is included in your flat fee service, and what is the process?

Our service completes all the work necessary for you, the Personal Representative, to receive a Grant of Probate or Grant of Administration.

This is generally how the process works:

  1. We start with an initial phone consultation where we take some initial information about the estate and answer your questions. We will also determine if our service is appropriate for the estate. This typically takes about 15 minutes.

  2. Following the consultation we will provide you with a list of documents and information we require for the application. You will compile the information and documents we will need.

  3. We will set up an in-person meeting where we will take the information and documents and complete the application with you. This step typically takes an hour.

  4. Once completed, it takes about 3 to 4 weeks to receive the Grant of Probate or Grant of Administration. The Grant is which is a Court order that allows you full access to all estate property and deal with its finances.

If you would like to proceed with us, or have more questions,

call us at 1-587-200-4866, or contact us here:

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