Here’s the short answer: Yes, you can file for probate in Alberta without a lawyer. There is no legal requirement to hire a lawyer to probate a will in Alberta.
Keep reading to find out step-by-step how to probate an estate in Alberta without a lawyer, and weigh the pros and cons of doing it yourself.*
In a nutshell: What is probate?
Probate is the legal process of validating a deceased person’s will and obtaining a court’s confirmation that the executor (personal representative) has the authority to administer the estate. This confirmation is called the ‘Grant of Probate’.
In practical terms, most banks will demand probate if an account is solely in the deceased’s name and over a certain balance (usually around $25,000, but it varies by bank). Similarly, Alberta’s Land Titles Office requires an official grant to transfer any real estate held in the deceased’s name alone.
*Disclaimer: Nothing in this article constitutes legal advice. While the information may be accurate and current at the time of writing, changing laws and probate procedures may render it otherwise. For an accurate understanding of your obligations and the probate process, it is highly advisable that you get in touch with an experienced probate lawyer.
How to Probate a Will in Alberta Without a Lawyer (Step-by-Step)
Determine if probate is needed
Not every estate requires probate. If the estate is small and assets can be transferred directly (for example, joint bank accounts, or life insurance with a designated beneficiary), you may not require probate.
A couple of common situations when probate is required is if the deceased held bank accounts solely in their name above a certain value, or they solely owned real estate.
It’s best you contact banks or asset holders to ask if they require probate in order to release or transfer the assets. Make an inventory of the estate and identify which assets cannot be dealt with without a court-issued probate certificate.
Gather the necessary documents
Collect all relevant paperwork about the deceased and the estate before filling out any forms. This includes:
- The original will (and any codicils or updates to the will) and an official death certificate (which you can obtain through Alberta Vital Statistics).
- Detailed information on all assets and debts of the estate (bank accounts, real estate, investments, vehicles, mortgages, loans, credit cards, etc.)
- Information on the beneficiaries (names and addresses of all people named in the will or who would be entitled to inherit)
- Marriage or divorce certificates, including any matrimonial property agreements
- Land title documents for real estate
- Vehicle registration papers
- Insurance policy documents,
- Receipts for funeral expenses
This is not an exhaustive list. Depending on the deceased’s circumstances and assets, there can be more or less paperwork for you to obtain. Note that if any information is missing or unknown, you may still proceed but be prepared to provide it later or explain the circumstances to the court.
Complete the Alberta probate application forms
Alberta courts have specific Surrogate Forms (also called Grant Application forms) that must be used for a probate application.
Since June 2022, the forms have been standardized and all start with “GA.” The main forms include:
Form GA1 – Grant Application: This is the primary application form required for all probate applications. This form essentially tells the court who died, that there is a valid will, who the executor is, what the estate consists of, and who the interested parties are.
Form GA2 – Inventory: This form is an inventory of all assets and liabilities of the deceased. You must list all the assets (with their approximate values as of date of death) and the debts owing that fall inside the estate (note: the mortgage on a property is usually listed alongside the property in the inventory). If any asset’s value is not known at the time of application, you can indicate “value to be determined,” but you are expected to update this later once you have the figure.
Form GA3 – Notice to Beneficiaries and Other Interested Parties: Form GA3 is a notice that must be sent to each beneficiary named in the will and to other parties with a potential interest (for example, if the deceased had a spouse or children not named in the will who might have a claim under family law, or any dependants). You (as the executor applicant) must sign the GA3 and then deliver it to each person listed.
Form GA4 – Notice to Public Trustee (if applicable): The Alberta Public Trustee’s office must be notified if any beneficiary is a minor (under 18), a dependent adult under guardianship, or if a beneficiary is missing/unable to handle their own affairs.
Form GA5 – Affidavit of Service: The person who delivered or sent the notices (often the executor themselves) must swear an affidavit of service (GA5) listing when and how each person was served. You typically have 30 days from when you served the documents to file the GA5.
Form GA7 – Notice of Grant Issuing: This form comes into play after the court approves your probate. Once the court issues the Grant, you must send a Notice of Grant (Form GA7) to all the same people who received the earlier notice. The executor must send out the GA7 notices within 30 days of the grant being issued.
Form GA8 or GA9 – Proof of the Will: Every will submitted for probate needs proof that it’s authentic and properly signed. If the will was witnessed (i.e. a typical formal will), you will need a Form GA8 – Affidavit of Witness. If, for some reason, no witness is available (they might be deceased or cannot be found), or if the will is a holograph will (handwritten and unwitnessed), then you use Form GA9 – Affidavit of Handwriting instead.
The above forms are the most common for a straightforward probate application. Form GA10 (Affidavit Verifying Translation) is needed if the will is not in English. Or, Form GA11 (Renunciation) is used if someone who has the first right to apply for probate has renounced their right.
File your probate application at the court
Once all the forms are prepared (and signed/sworn where required – for instance, the GA1 needs to be sworn or affirmed by the applicant in front of a Commissioner for Oaths or Notary Public – you are ready to submit the application to the court.
In Alberta, probate applications are filed in the Surrogate Matters division of the Court of King’s Bench (often informally called the Surrogate Court).
You should file in the judicial district where the deceased last resided (for example, Calgary, Edmonton, Red Deer, etc., each has a King’s Bench courthouse).
The court clerk will review the documents initially to ensure everything appears in order. If something is missing or incorrect, they might advise you to correct it before they accept the filing.
Even without hiring a lawyer, there are court fees that must be paid when applying for probate. Probate fees are based on the net value of the estate’s assets in Alberta.
Probate Fees in Alberta (2025)
| Probate Fee | Value of estate |
| $35 | If the estate’s value is $10,000 or less |
| $135 | Estates over $10,000 up to $25,000 |
| $275 | Estates over $25,000 up to $125,000; |
| $400 | Estates over $125,000 up to $250,000 |
| $525 | Estates over $250,000 |
These fees apply regardless of whether you have a lawyer or not because they are court fees. So even if you do probate yourself, the estate will still incur this cost. Once you pay, make sure to get a receipt.
The key takeaway: budget for a few hundred dollars in court fees, even for DIY probate. Aside from court fees, also be prepared for incidental costs like notarization of documents, photocopies, or mailing costs to send out notices.
Notify beneficiaries and interested parties
The court will not grant probate until it’s satisfied all necessary parties have been notified.
As noted earlier in the forms section, you must have delivered the GA3 Notice to all beneficiaries and any other interested parties (and GA4 to the Public Trustee if needed).
Acceptable methods of service can include registered mail or personal delivery (the GA3 form or instructions will specify how to serve).
If you realize after filing that you missed someone (for example, a previously unknown heir comes to light, or you simply forgot to send a notice to a cousin who should have gotten one), inform the court immediately.
Proper notification is not only a legal requirement, it also protects you as executor, since it prevents someone from later saying they were blindsided by the probate application.
Obtaining the grant of probate
Source: Freepik
If all goes well, the court will issue a Grant of Probate. This is an official court order (embossed with the court seal) confirming the will is valid and you are authorized as the executor to administer the estate.
In Alberta, the Grant is issued under the seal of the Court of King’s Bench and will have the original will attached (for wills) or will refer to the will on file.
How long does this take? It depends. Without a lawyer, your application will be processed in the traditional paper queue. This can take a couple of months (commonly anywhere from 6 weeks to a few months).
(By contrast, lawyers can use the new Surrogate Digital Service, and digital applications are processed in as little as a few weeks)
If the court clerk or the reviewing judge finds a problem with your documents, they may issue a Requisition or contact you/return the documents with instructions on what to fix. Not to worry, it’s not uncommon for lay people (or even lawyers) to have to correct minor things.
However, every time you receive a Requisition, it will add to an already lengthy application process. Even a single Requisition can push your probate application into several months, since you are going through the traditional paper route.
Once the judge is satisfied, the Grant will be signed and issued. You or your designate will be notified to pick up the Grant at the courthouse (or it will be mailed to you). Congratulations! At this point, you have the legal authority in hand to deal with the estate assets.
Administering the estate after probate
Obtaining probate is not the end; it’s the permission to proceed with the real work of distributing the estate. Alberta law outlines four main tasks for personal representatives:
- Identify the estate assets and liabilities
- Administer and manage the estate
- Satisfy the debts and obligations of the estate
- Distribute and account for the estate to the beneficiaries
Keep clear records of everything. You should be able to provide an accounting to the beneficiaries of all money in and out. It’s also a good idea to have each beneficiary sign a release after they receive their inheritance, to confirm they’re satisfied and won’t make a claim against you later.
Don’t rush the distribution if there are potential issues! It’s wise to hold off distributing funds until you’re sure those issues are resolved.
Source: Freepik
Moreover, one of your final responsibilities is to handle the tax affairs of the deceased and the estate. The deceased’s final income tax return (often called the “terminal return”) must be filed with the Canada Revenue Agency (CRA) for the year of death (and any previous unfiled years).
It’s usually advisable to work with an accountant or at least consult CRA’s guidelines for deceased persons’ estates.
Once you believe all tax obligations have been met, you should request a Clearance Certificate from CRA. To get one, you must file all required returns and then submit Form TX19 to CRA. It can take several months for CRA to issue the clearance, so plan accordingly.
It confirms the estate has paid all its taxes up to a certain date. The Certificate protects you, as executor, from personal liability for any unpaid taxes in the future.
Do I Need a Lawyer to Probate a Will in Alberta? (Can You Probate Without One?)
A probate lawyer is a professional who specializes in wills and estates and can guide an executor through the probate process. Legally, no, you are not required to hire a lawyer to probate a will in Alberta.
Can any lawyer do probate? Technically, yes, but given the complexity and nuances of the probate process, it’s best that you approach a lawyer with experience in probate.
However, many people choose to retain one because probate can involve a range of legal technicalities and potential pitfalls.
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Pros and Cons of Probating Without a Lawyer
There are pros and cons to probating with and without a lawyer. Here are some you should consider:
Pros of DIY Probate
- Potential cost savings – By handling probate yourself, you avoid paying a lawyer’s charges.
- Control and involvement – You can work on your own timeline. Plus, some people feel it’s their duty to their loved one to personally see things through.
- For simple estates, it’s feasible – For a non-contentious estate that’s not overly complex, nor has large assets, DIY probate can work out just fine.
Cons of DIY Probate
- Missed steps can complicate simple processes – Missed steps or mistakes can complicate the process significantly.
- Time and effort – Be prepared to spend many hours on tasks like researching the law and procedures, collecting information, filling out lengthy forms, making copies, traveling to the courthouse, etc.
- No access to the faster digital system – Self-represented individuals cannot use the Surrogate Digital Service (SDS). The SDS is an online system that, as mentioned, is only available to lawyers. On average, digital filings are processed in a few weeks, while paper-based (DIY) applications take several months.
- Complexity and risk of errors – Without a lawyer, you might find the legal terminology and requirements hard to interpret. It’s easy for a layperson to overlook a subtle requirement; and there is limited external help for self-represented executors.
- Emotional strain and unfamiliar situations – The stress of handling legal matters on top of grieving the loss of a loved one can be tough.
- Resources are limited – There are books and online resources that provide general guidance, but they might not cover every nuance.
- Hidden costs of DIY probate – You might end up spending money on things like executor’s insurance or bonds if required, or paying for consultation here and there. But more importantly, a mistake in DIY probate can cost the estate money
- Risks of getting sued – As an executor, you have fiduciary duties to the beneficiaries and responsibilities under the law. Executors can be held personally responsible for losses to the estate caused by their mistakes or negligence.
The math is really simple: yes, you may not have to pay a few thousand dollars for hiring a probate lawyer, but you will bear even more than that in terms of time, effort, risk, and expenses.
Situations When You Absolutely Should Hire a Probate Lawyer
Source: Freepik
Certain scenarios greatly increase the difficulty and risk of a DIY probate. In these cases, the prudent choice is to engage a probate lawyer from the start. Some such scenarios are:
- Contested wills or disputes
- Complex assets
- Significant debts (or insolvent estate)
- Entangled business interests
- Tax issues
- Executor living out of province
- If you are feeling overwhelmed or unsure
- To minimize personal liability
In a Nutshell
So, can you file for probate without a lawyer? Yes. Is it advisable? Most definitely not. Probate is a complex legal proceeding, and there is a lot at stake.
An ounce of prevention is worth a pound of cure. Consult with a lawyer early on to understand your obligations, and distribute the assets expeditiously.
At Juriscorp Law, we don’t just conduct cost-effective, decisive probates, we provide executors the space they need to grieve. Our team ensures clear outcomes for executors and beneficiaries, minimizing hassle and risks for you.
You will work with a sensitive, multi-lingual team that spends time understanding your requirements and priorities. Schedule a free 30-minute consultation to understand how to get started with probate, how to administer the estate responsibly, and the best way to honour the deceased’s wishes.