Being named executor of an estate is one of the most significant responsibilities one person can give another. Most people who take it on have never done it before, are managing their own grief at the same time, and have no idea where to start.
As a probate lawyer, Chad Graham Law guides executors and estate administration through the Alberta process from beginning to end — clearly, practically, and at a pace that works for the circumstances. Serving families across South Edmonton, Leduc County, Beaumont, and Nisku, with virtual service throughout the province.
Probate is the legal process by which the Court of King’s Bench of Alberta confirms the validity of a Will and grants the executor formal legal authority to administer the estate. In Alberta, this authority is called a Grant of Probate where there is a valid Will, or a Grant of Administration where there is no Will, or where the named executor cannot act.
Not every Alberta estate requires probate. Whether a Grant of Probate is required depends on the nature and value of the assets, the financial institutions involved, and the specific circumstances of the estate. Assets such as jointly held property, registered accounts with named beneficiaries, and life insurance typically pass outside the estate without probate. We can help you determine early in the process whether a court application is necessary and what the most efficient path forward looks like.
An executor’s obligations under Alberta law are substantial, and they carry personal liability if handled incorrectly. The core executor duties include:
Estate administration in Alberta typically takes several months to over a year, depending on the complexity of the estate. An executor who makes a distribution before debts are settled, or who fails to meet their fiduciary obligations, can be held personally liable to creditors or beneficiaries.
When a person dies without a Will, there is no named executor. An interested party, typically the spouse, adult interdependent partner, adult child, or next of kin, must apply to the Court of King’s Bench of Alberta to be appointed Administrator of the estate under a Grant of Administration.
The estate is then distributed according to the Wills and Succession Act, SA 2010, c W-12.2, which sets out a statutory formula following a fixed order of priority. That formula does not account for the deceased’s individual relationships, intentions, or circumstances.
We regularly assist Alberta family members in applying for Grants of Administration and navigating estate distribution in intestate situations.
Related reading: What Happens If You Die Without a Will in Alberta? Intestacy Rules Explained
Where the estate holds shares in a private Alberta corporation, the administration is a corporate matter as much as an estate one. The executor may inherit a control block in an operating company, tax consequences triggered on the date of death, and a shareholder agreement that can override the Will entirely.
We handle both sides from the same file: transferring or redeeming corporate shares, coordinating with the shareholder agreement, working with the corporation’s accountant on terminal returns and the deceased’s shareholder loan and dividend positions, and keeping the business operating while the estate is administered.
We work with executors and administrators at every stage of the Alberta probate process:
Initial Assessment. We review the Will (or confirm the intestacy), assess the estate assets and liabilities, and map out the steps and timeline ahead. Many executors find this first meeting alone significantly reduces the stress of an otherwise overwhelming task.
Probate Application. We prepare and file the application for a Grant of Probate or Grant of Administration in the Court of King’s Bench of Alberta, including all required supporting materials.
Estate Administration Support. We assist with the legal requirements of the administration process — correspondence with financial institutions, real property transfers, corporate share transfers, working with your accountant, preparing releases and passing of accounts as required, and ultimately closing the estate.
If you have recently been named executor or are dealing with a family member’s death, bring what you have. You do not need to have everything organized. We will help you figure out what exists and what is missing.
Useful to have, if available:
We understand that not everyone wants to start online. If you feel your estate requires a more tailored approach, we are here to help.
Still Have Questions?
If you are dealing with an estate as executor, administrator, or beneficiary, the first step is a conversation. Ten minutes is usually enough to tell you whether probate is required, what the process will look like, and what it will cost. No charge and no obligation.
Probate and estate administration lawyer serving South Edmonton, Beaumont, Leduc, Nisku, and executors throughout Alberta.
Probate in Alberta
A straightforward probate application in Alberta typically takes two to four months from the time the application is filed with the Court of King’s Bench. The full administration of the estate, including paying debts, filing taxes, and distributing assets generally takes longer, often a year or more. Complex estates, contested matters, or estates with real property or private-corporation shares can take considerably more time.
Not always. Whether a Grant of Probate is required depends on the assets involved. Some assets such as jointly held property, registered accounts with named beneficiaries, and life insurance pass outside the estate and do not require probate. We can assess your specific situation quickly.
An executor named in a Will has the right to renounce the appointment before taking any steps in the administration. If you are considering this, get legal advice before accessing any estate assets or making any decisions on behalf of the estate.
Yes. An executor who distributes the estate before debts are settled, fails to file required tax returns, or breaches their fiduciary duties can be held personally liable to creditors or beneficiaries. Proper legal guidance significantly reduces that risk.
Without planning, corporate bank accounts can be frozen and voting rights can stall while the Grant of Probate is pending. We work with executors to transfer or redeem shares in accordance with the Will and any shareholder agreement, and to keep the corporation compliant and operating during the administration.
Yes. Our offices are in South Edmonton (Summerside) and Beaumont, and we act for executors and administrators in Leduc, Nisku, and virtually throughout Alberta. Probate applications are filed with the Court of King’s Bench regardless of where in Alberta you live.
