1. What Does a Probate Lawyer Do?

2. What Does Alberta Law Say?

3. When Should you Contact a Probate Lawyer?

4. Common Mistakes

5. Costs, Fees & Timelines

6. When should you speak with an Estate Lawyer?

7. How Bridgestone Law can Help

Introduction

The loss of a loved one often brings an overwhelming number of responsibilities. While grieving, you may suddenly find yourself responsible for securing a home, notifying financial institutions, locating important documents, arranging a funeral, and trying to understand your legal obligations as an executor.

Many people believe they should only contact a probate lawyer after they discover they need probate. Others wait until they encounter a problem, such as a dispute between beneficiaries or a bank refusing to release estate funds.

You should consider contacting a probate lawyer as soon as possible after learning you are responsible for administering an estate. Even if probate ultimately is not required, early legal advice can help you understand your responsibilities, determine the appropriate next steps, and avoid unnecessary delays or personal liability.

For straightforward estates, a lawyer may only provide limited guidance. For more complex estates, legal assistance throughout the administration process can be invaluable.

What Does a Probate Lawyer Do?

A probate lawyer assists executors, administrators, beneficiaries, and families with the legal aspects of administering a deceased person's estate.

Depending on the circumstances, a probate lawyer may help:

• determine whether probate is required;

• interpret the will;

• prepare and file probate applications;

• identify beneficiaries;

• advise on executor responsibilities;

• assist with estate administration;

• resolve disputes;

• coordinate with accountants and financial institutions;

• transfer real estate;

• prepare releases and distribution documents; and

• guide the executor until the estate has been fully administered.

Contrary to popular belief, a probate lawyer does far more than simply prepare court paperwork. Their role is to help ensure that the estate is administered in accordance with Alberta law while protecting the executor throughout the process.

What Does Alberta Law Say?

In Alberta, estate administration is governed primarily by the:

• Wills and Succession Act 

• Estate Administration Act 

• Surrogate Rules 

• Trustee Act 

• applicable provisions of the Income Tax Act 

An executor (called a personal representative under Alberta legislation) has a fiduciary duty to act honestly, in good faith, and in the best interests of the estate and its beneficiaries.

Executors are responsible for properly collecting assets, paying legitimate debts and taxes, keeping accurate records, communicating with beneficiaries, and distributing the estate according to the will or Alberta's intestacy laws where there is no valid will.

Because executors assume significant legal responsibilities, obtaining legal advice early can help ensure these duties are carried out correctly.

When Should You Contact a Probate Lawyer?

While every estate is unique, there are several situations where contacting a probate lawyer sooner rather than later is advisable.

Immediately After the Death

Many people are surprised to learn that some of the most important decisions are made before a probate application is ever prepared.

A lawyer can help you:

• determine your immediate responsibilities;

• explain which assets should be secured;

• advise what documents should be gathered;

• identify urgent legal issues;

• explain whether probate may eventually be required; and

• help create an administration plan.

Receiving guidance at the beginning often prevents problems that become much more difficult to fix later.

Before Applying for Probate

One of the most common reasons people contact a probate lawyer is to prepare a Grant of Probate application.

However, the application itself requires significant preparation beforehand, including:

• identifying estate assets and liabilities;

• confirming beneficiary information;

• reviewing the original will;

• valuing the estate;

• determining which notices must be provided; and

• preparing court documents that comply with Alberta's Surrogate Rules.

Mistakes in a probate application can result in delays or requests from the court for additional information.

If You Are Unsure Whether Probate Is Required

Not every estate requires probate.

Whether probate is necessary depends on factors such as:

• the nature of the deceased's assets;

• how property was owned;

• financial institution requirements;

• whether land is registered solely in the deceased's name;

• whether there is a valid will;

• the value of various assets; and

• the policies of the organizations holding those assets.

A probate lawyer can review the estate and explain whether probate is likely to be necessary before unnecessary time and expense are incurred.

Before Speaking With Financial Institutions

Banks, investment firms, insurance companies, and land title offices all have different requirements before releasing assets.

A lawyer can explain:

• which documents you should bring;

• what authority you currently have;

• which assets can be accessed immediately;

• which assets may require probate; and

• how to avoid making statements that could unintentionally complicate the administration.

If There Is Real Estate

Real estate frequently raises legal issues that benefit from early advice.

Questions often arise regarding:

• jointly owned property;

• rights of survivorship;

• vacant property insurance;

• mortgages;

• rental properties;

• capital gains;

• transferring title to beneficiaries; and

• selling estate property.

Obtaining legal advice early can help ensure that important deadlines and obligations are not overlooked.

If There Is No Will

Where someone dies without a valid will, the estate cannot simply be administered in the same way.

Instead, someone must generally apply to become the estate's administrator through a Grant of Administration.

Determining who has priority to apply, providing required notices, and understanding Alberta's intestacy rules can become complicated.

Legal guidance is often especially valuable in these situations.

If Family Members Disagree

Disagreements do not necessarily mean someone has acted improperly.

Family members may disagree about:

• interpreting the will;

• selling a home;

• personal belongings;

• executor decisions;

• accounting records;

• estate expenses; or

• the timing of distributions.

Obtaining legal advice early may help resolve misunderstandings before they develop into formal disputes.

If the Estate Is Complex

Some estates involve issues well beyond preparing a probate application.

Examples include:

• family businesses;

• corporations;

• farms;

• trusts;

• foreign assets;

• multiple properties;

• blended families;

• dependent family members;

• missing beneficiaries;

• significant tax issues; or

• litigation involving the estate.

These estates often require coordinated advice from lawyers, accountants, appraisers, and financial professionals.

How the Probate Process Works

Although every estate differs, the general process usually includes:

1. Locate the original will and determine who has authority to act.

2. Secure estate assets to protect property and preserve value.

3. Identify assets and liabilities, including bank accounts, investments, real estate, debts, pensions, and personal property.

4. Determine whether probate is required. 

5. Prepare and file the probate application, where necessary.

6. Receive the Grant of Probate from the Court of King's Bench of Alberta.

7. Administer the estate, including paying debts, filing tax returns, maintaining records, and communicating with beneficiaries.

8. Distribute the estate only after all legal obligations have been satisfied.

Throughout each stage, a probate lawyer can answer questions, prepare legal documents, and help ensure the estate remains on track.

Practical Examples

Example One: A Straightforward Estate

Margaret dies leaving a valid will naming her daughter as executor. She owned a home, several bank accounts, and investments solely in her name.

Although there are no family disputes, the daughter is unfamiliar with Alberta's probate process. She contacts a probate lawyer shortly after the funeral. The lawyer explains the required documents, prepares the probate application, assists with the transfer of the home, and guides her through the administration until the estate is ready for distribution.

Example Two: A Blended Family

John leaves a will prepared many years earlier. His current spouse and adult children from a previous marriage interpret certain provisions differently.

Rather than making decisions on her own, the executor seeks legal advice before administering the estate. Early guidance helps clarify the executor's obligations, reduces misunderstandings, and ensures the estate is administered fairly while minimizing the risk of future litigation.

Common Mistakes

Many executors are acting for the first time and understandably make mistakes. Some of the most common include:

• Waiting too long before obtaining legal advice.

• Assuming probate is always required—or never required—without reviewing the estate.

• Distributing money before debts and taxes have been addressed.

• Failing to keep detailed financial records.

• Selling property without understanding the legal or tax implications.

• Ignoring communication with beneficiaries.

• Assuming family members automatically agree on how the estate should be administered.

Many of these issues can be avoided through early planning and professional advice.

Costs, Fees, and Timelines

The cost of hiring a probate lawyer depends on factors such as:

• the complexity of the estate;

• the amount of legal work required;

• whether disputes arise;

• the number and type of estate assets; and

• whether ongoing legal advice is needed throughout the administration.

In addition to legal fees, an estate may incur:

• Court of King's Bench filing fees for probate applications;

• land title registration costs;

• accounting fees;

• appraisal fees;

• tax preparation costs;

• courier and notice expenses; and

• other administrative disbursements.

The administration of an estate commonly takes a year or longer, particularly where probate is required, tax matters must be resolved, or complex assets need to be administered. Each estate is unique, and timelines vary depending on its circumstances.

When Should You Speak With an Estate Lawyer?

Although not every estate requires ongoing legal representation, professional advice may be especially valuable when:

• the estate includes significant assets;

• there is no valid will;

• beneficiaries disagree;

• the estate owns a business;

• there are foreign assets or beneficiaries;

• a blended family is involved;

• there are questions about capacity or undue influence;

• tax issues are anticipated;

• the executor is uncertain about their responsibilities; or

• you simply want reassurance that the estate is being administered properly.

Even a single consultation early in the process can provide valuable clarity and direction.

How Bridgestone Law Can Help

Administering an estate involves more than completing paperwork. Executors are responsible for protecting estate assets, complying with Alberta law, communicating with beneficiaries, managing taxes and debts, and ensuring the estate is distributed appropriately.

Bridgestone Law assists executors, administrators, beneficiaries, and families throughout Calgary and Alberta with probate applications and estate administration. Whether you simply need guidance on your next steps or require ongoing legal support through the entire administration process, our team can help you understand your responsibilities and move forward with greater confidence.