1. What is a personal representative (executor)?
A personal representative is the person named in a will entrusted with the responsibility of carrying out one’s wishes when they die.
When someone dies, a personal representative will be responsible for locating the deceased’s assets, paying for funeral costs, applying for probate if required, paying the deceased’s debts and taxes and distributing the remaining property to beneficiaries in accordance with the will.
The duties of a personal representative will also include dealing with any claims made against the estate by creditors or dependants, including spouses, children and others.
Duties of the personal representative are set out in the Estate Administration Act of Alberta and will depend on the deceased’s specific circumstances.
2. What happens when someone dies without a will?
No one is named to administer the deceased’s estate (assets and liabilities). Therefore, someone must apply to the court to become the personal representative. This is called an application for grant of administration. Certain family members have priority to apply to become the personal representative.
Once a personal representative is named they will be responsible for locating the deceased’s assets, paying the deceased’s debts and taxes, dealing with claims made against the estate, and distributing the remaining property pursuant to the schedule of beneficiaries set out under the Wills and Succession Act of Alberta.
3. What is probate and when is it required?
Probate is the legal process of determining the validity of a will and the personal representative’s appointment. An application for probate is made to the Court of Queen’s Bench of Alberta.
Whether or not probate is required must be determined on a case by case basis and is often dependent on the type of assets the deceased owned at the time of death.
4. What are Alberta probate/administration fees?
The Court charges fees to process a probate application. The larger the estate the higher the fees. Alberta has very low fees in comparison to other Provinces. Below is a list of the current fees for grant of probate or administration:
| Estate Net Value |
Court Fees |
| $10,000 or less |
$35 |
| Over $10,000 but not more than $25,000 |
$135 |
| Over $25,000 but not more than $125,000 |
$275 |
| Over $125,000 but not more than $250,000 |
$400 |
| Over $250,000 |
$525 |
