Alberta Probate Fees: Legal Cost of Probating Estates
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Alberta Probate Fees: Legal Cost Of Probating EstatesJeff Kahane2021-09-20T12:03:44+00:00
Probate Legal Fees in Alberta
Legal Fees For Probate In Calgary And Edmonton, Alberta
People usually worry about the cost of legal services. With respect to probate, Alberta probate fees can be broken down into two categories. The categories include the Alberta probate fees charged by the Government of Alberta and the cost of a hiring a lawyer to make the probate application for you. Learn more below but know that the Calgary and Edmonton based law firm of Kahane Law Office makes applications for probate across the province. New to the idea of trying to understand probate? Watch our video on What is Probate. If you need or want to learn more about probate fees in Alberta, call Kahane Law Office in both Calgary and Edmonton.
Do not hesitate to call or email. We do not charge for our telephone probate consultation. This lets you know if you need to probate the estate or not.
Government Of Alberta Probate Fees
The Alberta Government probate fees utilize a tiered system based on the value of the estate. Sometimes people refer to this as a scaled fee structure. Unlike other provinces, in Alberta, probate fees utilize a system based on estate value ranges. The Surrogate Court rules set out these fees and can be changed by the Alberta Government at anytime. There is not a percent amount that charged on the estate. This means that a cap exists in this province as to the fees the government charges. For more information about the Alberta probate fees charged by the government please use this link.
Legal Fees For Probate Applications
Due to the complex and time consuming nature of probate applications, many people chose to hire a law firm to make this application for the estate. Probate is an application to the court. This means that a judge reviews the application and determine if the probate application is granted or not. The Alberta probate fees for this application are also based on a sliding percentage scale. This sliding scale is based on the gross value of the estate being probated.
Who Pays For The Estate Probate Legal Fees?
If you are the personal representative, or executor, of an estate, you can hire a lawyer to make the court application for you. The cost of hiring a lawyer to make the court application is paid for by the estate. None of the expenses come out of your pocket. Use this link to learn more about hiring professionals to help with estate probate applications in Alberta. Hiring a professional helps ensure that the estate is probated fast, with less problems and protects the executor from being liable for any errors in the application.
No Legal Fees For An Estate??
We include a free consultation to determine if the estate you represent requires probate at all. Call or email us to book this free consultation. We review the estate’s situation and let you know if the estate requires probate. Most important, in situations where the estate safely avoids probate, you incur no fees at all! When we complete these evaluations, they take place by a phone consultation. This allows us to help you efficiently make this determination. Lastly, for individuals requiring additional assistance. Please call or email and our estates lawyers can make alternative arrangements for you.
Our Edmonton And Calgary Firm’s Probate Fees For Estate In Alberta
The fees both our Edmonton and Calgary estate law offices charges for Alberta probate fees are $2,250 plus 1% of the net value of the estate. In some instances, with simple estates we offer a flat rate fee without the percentage of the estate. A number of factors play into these cases, therefor, it is important to ask for these details when you call or email us. Again, we provide this information at no cost to you. We want to make life easier for you at what is often a challenging time.
Why A Sliding Scale Exists For Alberta Probate Fees?
As estates increase in value, the amount of work required to make the probate application generally increases. This extra work takes various forms. For example, some of the reasons for this increase of work and complexity in higher values estates include increases in the:
Number and type of assets in the estate;
Investments assets involved in the estate;
Presence of corporate holdings as shareholders or sole owners;
Number of parties the lawyers need information from;
The location of the executor / personal representative and beneficiaries;
Risk and liability to estate and the executor;
Interactions with financial institutions;
Number of financial institutions involved (brokers, investors, bankers, lenders, etc); and lastly
Amount of debts and related institutions involved.
What Other Factors Increase The Legal Costs?
We always strive to keep to out set fees. Sometimes, legal issues arise outside of the probate process. Alberta probate fees cover the probate process only. Usually these issues involve fighting between parties connected to the estate. Other times these issues stem from third parties, not names in the estate. Consequently, some of these issues let us know in advance that additional costs apply. We tell you right away. In other situations, such as disputes, the issue only becomes apparent later. We still tell you when things cost more. For example, the following include some factors that increase the cost of probating an estate in Alberta:
Legal claims made against the estate;
Disputes between beneficiaries;
More than 5 beneficiaries;
Beneficiaries who live out of Alberta; and lastly
Personal representatives / executors who live outside of Alberta.
Free Initial Consultation With Our Calgary Estate Law Office
The Calgary probate lawyers and estate lawyers at Kahane Law Office help you when a family member or loved one has passed away and you are executor for them. We can usually determine if the estate in question requires probate or not in an initial phone call or email. Either way we clearly outline any Alberta probate fees needed to avoid any surprises later. You can reach us toll-free at 1-877-225-8817, 403-225-8810 in Calgary, (780) 571-8463 in Edmonton, or lastly,email our probate lawyers directly here today to contact us.