Probate fees and probate forms in Alberta. People try to avoid probate but the question is why. Unless the will is contested and/or there are disputes among family members, the most difficult aspect of administrating an estate is completing the application process for probate. The process of applying for probate, from an administrative side, can be a challenge. This is why many people decide to hire a probate lawyer. With offices in both Edmonton and Calgary, we help clients when they need us.
Before you can even begin to apply for a Grant of Probate, you must gather many different pieces of information. You will need not only the will, but also information about the deceased, the deceased’s family, the estate’s assets and liabilities, and many additional documents.
Submitting The Necessary Grant Of Probate Forms
Once you feel that you have found accurate and complete information, you can then begin to complete all of the probate forms needed to apply for probate. Below is a list of the forms, required under the Surrogate Rules in Alberta, to be submitted with a Grant of Probate Application:
- NC 1: Executor and probate lawyer contact information;
- NC 2: Executor’s affidavit;
- Schedule 1 in NC3: Information pertaining to the deceased and the deceased’s family;
- NC 4, Sch. 2: Information pertaining to the detail of the last will;
- NC 5, Sch. 3: Information about the executor;
- NC 6, Sch. 4: Information about the beneficiaries;
- NC 7, Sch. 5: Complete inventory of the estate’s assets and liabilities;
- Affidavit NC 8: Affidavits provided by the witnesses to the will;
- NC 19: Notice to beneficiaries; and lastly
- NC 20: Notice to beneficiaries regarding specific gifts.
The forms listed above are those needed to probate a fairly simple estate. If the estate is large, complex, and involves many third parties, there will likely be more forms that need to be completed. remember the Surrogate Court is very picky. It is their job to find mistakes and just because they have gone over things once, does not mean they will not find something else when they go through again. Expect, if attempting to complete these forms on your own, to have a number of rejections during the process. Lastly, appropriate probate fees accompany the application when files with the Surrogate court.
These forms need completing and submitting if the deceased has left behind a will, but does not have an executor for the estate. You need to submit these documents with your application for a Grant of Administration. The documentation requirements differ from those under probate. Consequently, following those steps is an absolute requirement if you want to apply to be an administrator in the event that the deceased lacked having a will in place.
Paying Probate Fees In Alberta
Probate fees in Alberta. Everyone is concerned about avoiding them but are they so bad? In all provinces, a probate fee needs payment from the estate to the provincial government. Some provinces charge a percentage of the total value of the estate, but Alberta uses a somewhat different fee structure. As the Surrogate Court Rules set out, in Alberta, the size of your estate will determine which flat probate fee you are required to pay.
If the net value of property within the estate is:
- Under $10,000, the probate fee is $25;
- $10,000 to $25,000, the fee is $100;
- $25,000 to $125,000, the fee is $200;
- $125,000 to $250,000, the fee is $300; and lastly
- Over $250,000, the probate fee is $400.
Some people attempt to avoid probate fees since they think that the fees represent a significant amount for the estate to pay. However, since probate fees in Alberta are so low, it is important to be aware of some serious risks of trying to avoid probate fees. Here is a link to our video on the Risks of Avoiding Probate.
Other Probate Fees Paid By The Estate
Before distributing assets to the beneficiaries, fees typically come out of the estate to provide compensation to, and to cover certain expenses of, the probate lawyer, accountants, funeral arrangements, the executor of the estate, etc.. As below, getting the help you need is essential to avoid personal and estate liability. Therefore, do not hesitate to reach out to the professionals you need as required.
Receiving Assistance When Completing Probate Requirements
Determining the required forms and managing all of the various fees are just two facets of the complex probate process. Even simple estates that do not have any family disputes can be difficult to administrate without any legal assistance. This is why many executors of estates enlist the assistance of probate lawyers. These professionals can step in, gather and prepare all of the necessary forms, collect the estate information, and complete the Grant for Probate application process with the executor.
Experienced probate attorneys will know which probate forms and probate fees are required in Alberta, even under unique circumstances. By receiving professional guidance, executors reduce the risk of having their probate applications rejected due to lack of information. This can save time, frustration, law suits and money. Often beneficiaries look to have an expeditious distribution of estate assets.
Call Our Probate Lawyers For Help
We deal with the stress of the courts and government administration so you have time to focus on your family. We make the process easier for you and help ensure the process happens faster and with less stress. The Edmonton and 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. You can reach us toll-free at 1-877-225-8817, (403) 225-8810 locally in Calgary, (780) 571-8463 in Edmonton or email us directly here today to contact us.