What is a grant of probate in Alberta?

When a Calgary homeowner dies, someone must have legal authority to sell their home. That authority comes from the Grant of Probate — a court-issued document that unlocks the executor's power to act on behalf of the estate.

What probate establishes

Probate achieves two things simultaneously: it validates the deceased's will (confirming it is the last valid will and was properly executed) and it formally appoints the named executor to administer the estate. Without this court confirmation, an executor has no legal standing to transfer title, sign listing agreements, or disburse estate proceeds.

When probate is required for real estate

In Alberta, a Grant of Probate is required before an Alberta Land Titles Office will register a transfer of property out of an estate, whenever the property is owned in the deceased's name alone (or as a tenant-in-common). If the property was held in joint tenancy with a surviving joint tenant, probate is not required — the survivor files a survivorship application instead.

The probate application process

The executor's lawyer prepares a probate application for the Court of King's Bench, including the original will, a sworn affidavit of executor, an inventory of estate assets and liabilities, and notice to all beneficiaries. The court reviews the application and issues the grant — typically 4–8 weeks from filing for straightforward estates in Alberta.

Can you list before probate?

Yes. An estate home can be listed on the MLS before probate is granted. Marketing the property in advance of probate is common when the estate needs to move quickly or when market timing is important. However, the sale cannot close until the Grant of Probate is in hand and the executor's authority is confirmed. Ryan coordinates the listing timeline with the estate lawyer to ensure the possession date is set after the expected grant date.

Grant of Probate vs Grant of Administration

If the deceased died without a valid will (intestate), or if the named executor cannot or will not act, the court issues a Grant of Administration instead. The court appoints an administrator — typically the surviving spouse or adult children — who then has the same authority as an executor. Both grants accomplish the same practical goal: authorizing the estate representative to sell the property.

Frequently asked questions

How long does probate take in Alberta?

For straightforward estates with no contested will, probate in Alberta takes 4–8 weeks from the date the application is filed with the Court of King's Bench. Contested wills, missing beneficiaries, or complex asset inventories can extend the timeline to 12+ months.

Can the home be sold before probate is granted?

The home can be listed and an offer can be accepted before probate, but the sale cannot close (title cannot transfer) until the Grant of Probate is issued. Ryan coordinates possession dates to align with the expected grant date, minimizing the carrying cost of a vacant property.

What happens if there is no will?

Without a will, the court issues a Grant of Administration instead of a Grant of Probate. The court appoints an administrator — priority goes to the surviving spouse, then adult children, then other relatives. The administrator has identical authority to a named executor once the grant is issued.

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This page is for general information only and does not constitute legal or tax advice. Consult a qualified Alberta lawyer or accountant for advice specific to your situation.