If you’re acting as an Executor in Alberta, particularly in Calgary or the surrounding region, you may be wondering when a grant of probate is required. Our legal team at Robertson LLP can assist with filing for probate and navigating the estate administration process.
Below is an overview of how probate applies to common assets:
Real Estate Properties in Alberta
If the deceased was solely on title for real property in Alberta, a grant of probate is usually required to make changes at the Alberta Land Titles Office. The same applies if the deceased owned real estate as a Tenant-in-Common.
However, if the property was held as Joint Tenants, the process is simpler—submitting a Proof of Death Certificate to the Land Titles Office is sufficient to remove the deceased’s name, and probate is not required.
Need help with land title transfers in Calgary? Our team of real estate law professionals can assist.
Business Ownership
Most Wills provide the Executor with authority to carry on or wind down any businesses owned by the deceased. Probate is generally not needed to gain signing authority. However, some banks and financial institutions may still request a grant of probate to release business account funds.
Executors should also review the corporation’s minute book for any shareholder or succession agreements. If you need guidance reviewing corporate documents or transferring business assets, our corporate and business law team can help.
Banks and Financial Institutions
If the deceased held bank accounts solely in their name, the Executor must provide a copy of the Will. Whether or not probate is required depends on the value of the account and the institution’s internal policies.
For joint accounts, the surviving joint account holder typically assumes full ownership without needing probate.
Registered Investments & Insurance Policies
If there is a named beneficiary on a registered investment (like RRSPs or TFSAs) or an insurance policy, the funds are paid directly to that person. No probate is required.
If no beneficiary is named, the account falls into the Estate, and probate may be required. Contact each financial institution to confirm whether a beneficiary is listed.
Terminal Tax Returns
Before distributing Estate assets, the Executor should hire an accountant to file the terminal (final) tax return. Once submitted, the Canada Revenue Agency (CRA) will issue a Clearance Certificate, which can take 8–18 months.
This certificate is the final step before distributing the Estate. If you’re unsure where to start, our Wills and Estates lawyers can help you navigate the process smoothly.
CPP, OAS & Government Payments
The Estate may retain Canada Pension Plan (CPP), Old Age Security (OAS), and other Government of Canada payments for the month in which the individual passed away. After that, the Executor must notify the CRA and Service Canada to stop further payments.
How Robertson LLP Can Help
Our Calgary-based law firm can assist with:
- Filing the application for probate and obtaining the grant
- Transferring real estate ownership at the Land Titles Office
- Advising on business succession or corporate wind-up
- Providing full Wills and Estate administration support
If you’re an Executor or family member dealing with an Estate in Calgary or anywhere in Alberta, contact us today to schedule a consultation.
Disclaimer
This article is intended for general informational purposes only and does not constitute legal advice or create a solicitor-client relationship. Real estate laws and procedures may vary based on individual circumstances and local regulations. If you require legal advice or assistance with a specific matter, we encourage you to contact a qualified lawyer directly.
