How Long Does Probate Take In Alberta?

How Long Does Probate Take Here In Alberta?

One of the most common questions we are asked is “How long does Probate take?”

To “Probate a Will” means to have the court declare that the document was the deceased’s last Will and that the Executor has authority to act on closing the estate.

An Application For Probate involves outlining the deceased’s assets and debts so that banks and Alberta Land Titles can transfer those assets to the appropriate beneficiaries.  The law legislates that you must wait at least seven days after a person’s death to submit a Will to Probate.

Our experience is that most times the families are too busy planning a funeral to get the information to the lawyer to prepare the application in the first week after the death. The amount of time it takes the lawyer to prepare the Probate Application depends on a couple of things:

  1. how complicated the estate is, and
  2. how easy it is to determine the value of assets and confirm who are the beneficiaries.

As more and more people go to online billing and receiving things like their bank statements via email, it can take be difficult for an Executor to figure out where assets or debts are located and how much these are.

In most cases a Probate Application takes our Estate Lawyers 10 to15 days to prepare and file the Application for Probate after our initial consultation.  Once the application is completed it is served on the beneficiaries and filed at the Alberta Court of Queens Bench. A Grant of Probate is usually issued to the executor 4-6 weeks after it is received at the courthouse.

Filing a Probate Application is not a quick process and can be a difficult to do as you deal with grief of a loved one’s death.  If you need help filing an Probate Application or have other questions about the process, contact our office today.  We are here to help!


Written by Stacy Maurier