In some provinces, the government probate fees or taxes are equal to a percentage of the value of the estate and will be paid out of the estate before beneficiaries are paid. Probate fees in Alberta for the issue of a Grant of Probate or Grant of Administration, as prescribed in the Surrogate Rules, are:
|Net value of property in the estate||Fee|
|$10,000 or under||$ 35|
|over $10,000 but not more than $25,000||$ 135|
|over $25,000 but not more than $125,000||$ 275|
|over $125,000 but not more than $250,000||$ 400|
|over $250,000||$ 525|
Other Probate Costs
In addition to the Alberta probate fees above, the estate will normally pay fees to the lawyer and the executor.
Probate lawyer fees: The Law Society of Alberta provides suggested fee guidelines for lawyers. It is not mandatory to follow these guidelines. The guidelines are for core services only and do not cover extra services your lawyer may provide. See probate lawyer fees.
Executor fees: Executors have the right to compensation and this can add to the probate cost. There is a lot of work and time required to manage and distribute an estate, and the court recognizes this. The amount of the fee may be stated in the will, agreed to by the beneficiaries and the executor, or set by the court.
While there are no set fees, there are guidelines. When executors are also beneficiaries of the estate, they typically wave the right to compensation. Learn more about executor fees.
(Note: the term “personal representative” is the current legal term used to refer to an executor/executrix, administrator/administratix, and judicial trustee.)