Estate administration in Calgary is the legal process of managing a deceased person’s assets, paying debts, and distributing property under Alberta law. An estate administration lawyer in Calgary at Centobin Law Office guides executors and administrators through probate applications, tax obligations, creditor notifications, and final distribution — ensuring every step complies with the Estate Administration Act and the Wills and Succession Act.
Personal representatives face personal liability if they distribute estate assets before paying all debts or without obtaining a CRA Clearance Certificate. An estate administration lawyer in Calgary at Centobin Law Office ensures every step is completed in the correct sequence to protect executors and administrators from financial exposure.
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Estate administration in Alberta is the legal process of managing and distributing a deceased person’s assets, paying debts and taxes, and fulfilling obligations under the Wills and Succession Act and the Estate Administration Act. Alberta’s Estate Administration Act, which came into effect on June 1, 2015, replaced the former Administration of Estates Act and introduced plain-language provisions clarifying the duties, core tasks, notice requirements, and responsibilities of personal representatives.
Under Alberta’s Estate Administration Act, the term “personal representative” encompasses all three roles below. All three carry the same fiduciary duties, core tasks, and legal responsibilities — regardless of how authority was obtained — to act honestly, in good faith, and in the best interests of the estate and its beneficiaries.
A person specifically named in the deceased’s will to carry out their wishes. The executor’s authority derives directly from the will itself, though obtaining a Grant of Probate from the Alberta Court of King’s Bench is typically required before financial institutions, the Land Titles Office, and other third parties will release assets.
Appointed by the court when the deceased died without a will (intestate), or when the named executor is unable, unwilling, or has predeceased. Alberta law establishes a priority hierarchy: surviving spouse or adult interdependent partner first, then adult children, parents, siblings, and other next of kin.
Appointed directly by the court in complex or disputed estates — for example, when multiple personal representatives cannot agree, when there are allegations of mismanagement, or when the estate requires independent oversight. The judicial trustee reports directly to the court and operates under its supervision.
When a person dies without a valid will in Alberta, the estate is classified as intestate, and the Wills and Succession Act dictates how assets are distributed. An estate administration lawyer in Calgary at Centobin Law Office assists families navigating intestate estates by applying to the court for a Grant of Administration and ensuring assets are distributed according to Alberta’s legislated hierarchy.
If the deceased had a surviving spouse or adult interdependent partner and no children: the spouse or partner receives the entire estate.
If the deceased had a surviving spouse or partner and children from a different relationship: the spouse or partner receives the first $150,000 (the preferential share) plus one-half of the remaining estate; the children from the other relationship share the other half equally.
If the deceased had children but no surviving spouse or partner: the children share the entire estate equally — if a child has predeceased, that child’s share passes to their own children by representation.
If the deceased had no spouse, partner, or children: the estate passes to parents, then siblings, then nieces and nephews, then more distant relatives; if no relatives can be found, the estate escheats to the Government of Alberta.
Intestate estate administration is more complex and often more expensive than administering an estate with a valid will. The administrator must obtain court approval, post a bond (unless waived by the court), and follow strict distribution rules with no discretion to adjust for individual family circumstances.
(403) 249-1733Alberta maintains some of the lowest probate fees in Canada. The Alberta Court of King’s Bench charges the following government fees based on total estate value:
| Estate Value | Probate Fee |
|---|---|
| $10,000 or under | $35 |
| $10,001 – $25,000 | $135 |
| $25,001 – $125,000 | $275 |
| $125,001 – $250,000 | $400 |
| Over $250,000 | $525 |
These are government filing fees only. Additional costs for estate administration in Calgary include legal fees for the estate administration lawyer, executor compensation (if claimed), accounting and tax preparation fees, real property appraisal costs, and court filing costs for any contested matters. Unlike many firms that bill hourly without estimates, Centobin Law Office provides clear cost expectations at the initial consultation, allowing executors and families to plan accordingly.
A beneficiary may contest the validity of the will, claim the personal representative is mismanaging assets, or argue that the distribution is unfair. Under Alberta law, dependants who were not adequately provided for may apply to the court for maintenance and support from the estate under Part 5 of the Wills and Succession Act.
Estates involving blended families — where the deceased had children from a prior relationship and a surviving spouse or partner — are particularly complex. Families in these situations should also consider consulting a family law lawyer in Calgary when separation, divorce, or custody matters intersect with estate distribution.
When the estate includes business interests, the personal representative must value the business, determine whether to continue or wind down operations, and address shareholder or partnership agreements. Cross-border estates require coordination with lawyers in each jurisdiction.
If a beneficiary cannot be located, the personal representative cannot simply distribute that share among the remaining beneficiaries. Alberta law requires reasonable efforts to locate missing beneficiaries, and the personal representative may need to apply to the court for directions.
If a personal representative is acting improperly — failing to provide accountings, misappropriating estate funds, or unreasonably delaying distribution — beneficiaries may apply to the Alberta Court of King’s Bench to have the personal representative removed and replaced.
An estate administration lawyer in Calgary at Centobin Law Office represents personal representatives and beneficiaries through each of these situations.
Book Your Free ConsultationEstate administration in Alberta follows a structured legal process including probate application, asset identification and valuation, debt settlement, tax filing with the CRA, and distribution to beneficiaries. An estate administration lawyer in Calgary at Centobin Law Office assists personal representatives through each stage to ensure compliance, minimize personal liability, and protect beneficiaries’ rights.
The personal representative's first duty is to locate the deceased's original will (if one exists), secure all estate assets, and prevent loss or deterioration of property. This includes changing locks on real property, redirecting mail, notifying financial institutions of the death, and securing vehicles, jewelry, and other valuables. If no will can be found after a thorough search, the estate proceeds as intestate.
The personal representative has the legal authority and responsibility to arrange for the disposition of the deceased’s remains. Alberta law establishes a priority list for who may make funeral arrangements. The estate is responsible for reasonable funeral expenses.
The personal representative files the appropriate application with the Alberta Court of King’s Bench (Surrogate Court). A Grant of Probate is required when a valid will exists. A Grant of Administration is required when there is no will. A Grant of Administration with Will Annexed applies when a will exists but the named executor cannot serve.
Although not mandatory in Alberta, publishing a Notice to Creditors in a local newspaper protects the personal representative from personal liability for unknown claims. Once published, the personal representative may distribute the estate after the notice period expires without liability for claims they did not know about at the time of distribution.
The personal representative must identify, locate, and obtain current valuations for all estate assets — including real property, bank accounts, investment portfolios, RRSPs, TFSAs, pensions, life insurance policies (where the estate is the named beneficiary), vehicles, business interests, personal property, and digital assets.
Before any distribution to beneficiaries, the personal representative must satisfy all legitimate estate debts, file the deceased’s final T1 personal income tax return and, if applicable, a T3 trust return for the estate. A CRA Clearance Certificate should be obtained before distributing assets to confirm all tax obligations have been satisfied.
Once debts and taxes are paid, the personal representative distributes the remaining estate assets according to the will or Alberta’s intestacy rules under the Wills and Succession Act. Distribution should occur as soon as reasonably possible, but the personal representative may delay distribution for valid reasons.
The personal representative must provide a detailed accounting of all estate transactions to the beneficiaries. Obtaining signed releases from all beneficiaries before closing the estate protects the personal representative from future claims. If beneficiaries dispute the accounting, the personal representative may apply to the court for a formal passing of accounts.
Families navigating incapacity planning alongside estate administration should also consult a personal directive lawyer in Calgary at Centobin Law Office to ensure powers of attorney and personal directives are current before a crisis occurs.
Probate is not required for every estate in Alberta. A Grant of Probate or Grant of Administration is typically required when the estate includes assets that cannot be transferred without court authorization — most commonly real property registered solely in the deceased’s name, bank accounts exceeding institutional thresholds, or investment accounts without designated beneficiaries.
Even when probate is not technically required, the personal representative still carries the same legal duties under the Estate Administration Act — including the obligation to pay debts, file tax returns, and distribute assets according to the will or intestacy rules. An estate administration lawyer in Calgary at Centobin Law Office evaluates each estate individually to determine whether a formal grant is necessary and advises on the most efficient path to settlement.
Estate administration lawyers at Centobin Law Office regularly file Grant of Probate and Grant of Administration applications at the Calgary Court of King’s Bench. This court-specific experience means applications are prepared correctly the first time, avoiding delays caused by incomplete filings or procedural errors.
Book a confidential consultationCentobin Law Office handles every phase of estate administration — from the initial consultation and asset identification through probate applications, creditor notifications, tax filings, asset distribution, and estate closure.
Book a confidential consultationEstate administration costs are discussed upfront at the initial consultation. Centobin Law Office provides clear fee estimates before work begins, so personal representatives and families can plan with confidence rather than worrying about unexpected legal bills.
Book a confidential consultationVirtual consultations are available for out-of-town executors and family members who cannot attend in person, accommodated through video conferencing and secure document exchange.
Book a confidential consultationEstate matters are deeply personal. Estate administration lawyers at Centobin Law Office explain the process in plain language, keep clients informed at every stage, and handle sensitive family dynamics with care and professionalism.
Book a confidential consultationSimple estates with a valid will and cooperative beneficiaries can be administered in 6 to 12 months. Complex estates involving business assets, cross-border property, disputes, or CRA audits may take 18 months to several years. An estate administration lawyer in Calgary at Centobin Law Office provides realistic timelines based on the specific circumstances of each estate.
Yes. Under Alberta’s Estate Administration Act, a personal representative is entitled to reasonable compensation for their time and effort. If the will does not specify compensation, the personal representative may apply to the court for an order setting a fair amount. Typical executor compensation in Alberta ranges from 1% to 5% of the estate’s total value, depending on complexity and the time required.
A lawyer is not legally required, but estate administration involves complex legal obligations, tax filings, and court procedures. Personal representatives who administer estates without legal guidance face a higher risk of personal liability for errors, missed deadlines, or improper distributions. Consulting an estate administration lawyer protects the personal representative and ensures the estate is settled correctly.
Legal fees for estate administration in Calgary depend on estate complexity, the type of grant required, and whether disputes arise. Government probate fees range from $35 to $525 depending on estate value. Legal fees are discussed at the initial consultation so personal representatives understand costs before committing.
If the named executor declines or is unable to serve, the court may appoint an administrator. Any person with a legitimate interest in the estate — typically the surviving spouse, an adult child, or a beneficiary — may apply for a Grant of Administration with Will Annexed. An estate administration lawyer in Calgary at Centobin Law Office handles these applications when the named executor cannot or will not act.
A CRA Clearance Certificate confirms that all of the deceased's income tax obligations — including the final T1 return and any estate T3 returns — have been satisfied. Without this certificate, a personal representative who distributes estate assets may become personally liable for any unpaid taxes the CRA later assesses against the estate.
Estate administration lawyers at Centobin Law Office guide executors, administrators, and families through every step of the process — from probate applications to final asset distribution. Contact Centobin Law Office today for a consultation.
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