Probate & Administering an Estate
Why Choose Gruman Law Office?
At Gruman Law Office, we have over 30 years of experience assisting personal representatives in administering both simple and complex estates.
We are also proud to offer our probate and administration services at a set fee which is only payable upon the receipt of the grant of Probate. Our set fee is the minimum which is authorized and consistent with the charging principles set out in the Surrogate Rules of Court.
What is a Grant of Probate?
Probate is the process where the Court signs off on a deceased person's Will after an application is made. A Justice of the Court of Queen's Bench will review the Will and the application and ensure certain matters have been dealt with - for example, that minor or dependent children have been provided for, that the Will was properly executed, or that matrimonial property has been properly distributed.
The grant of probate is the document, signed by a Justice of the Court of Queen's Bench, which will allow the executor to deal with the deceased person's assets. Typically, this is what is provided to third parties such as banks and land titles.
Making an application for a grant of Probate is not a particularly user friendly process and the receipt of the grant is not the end of the process, but the beginning. A personal representative's role in administering the Estate after the grant is received will typically take a minimum of a full year.
Our fees
Our fees are charged based upon a set "Base Fee" and a percentage of the value of the Estate being administered.
Gross Value of Estate Base Fee Estate Value Fee
Estates with a gross value $2,250.00 1/2 of 1%
up to $150,000
Estates with a gross value $2,250.00 1%
over $150,000
These do not include GST or disbursements, including the Court Application Fee
Additional fees are required for non-core legal services, including transfer of real property into name of joint tenant, sales of estate property, and estate litigation.
Our fees include what are known as "core legal services", which includes all normal steps required to administer a typical Estate.
When calculating the gross value of the Estate, the following property is not included in the gross value:
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all property held in joint tenancy with the deceased;
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all property passing directly to a beneficiary outside of the Will;
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Canada Pension Plan payments to a spouse or child;
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personal property outside of Alberta if usual residence was outside of Alberta;
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land outside of Alberta;
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any other property which does not pass through the hands of the personal representative