Probate in Alberta: How to Sell an Inherited House
The short answer
If the person who died owned the house in their name alone, the estate usually needs a court document called a grant of probate before the house can be sold. In Alberta that can take anywhere from several months to more than a year. The court fee runs from $35 to $525, depending on the value of the estate.
If the house was owned with someone else as joint tenants, it usually passes straight to the surviving owner, and you won't need a grant for the house.
What a grant of probate is
A grant is a court order that says who has the legal authority to deal with someone's estate. That person is called the personal representative. When there's a will that names an executor, it's called a grant of probate. When there's no will, it's a grant of administration. And if there's a will but it doesn't name an executor who can act, you'd apply for a grant of administration with will annexed.
The Centre for Public Legal Education Alberta (CPLEA) explains that a personal representative generally needs a grant to transfer or sell a house the person owned alone or as a tenant in common.
When you don't need a grant for the house
Plenty of couples own their home as joint tenants. When one of them dies, the house usually goes to the other automatically. CPLEA says the survivor files a statutory declaration with proof of death at the Land Titles Office, and the house doesn't go through the grant process.
The land title shows how a house is owned. If you can't tell from it, a lawyer can check for you quickly.
The steps to get a grant in Alberta
Here's the process, based on CPLEA's guide:
Start the application, either online or with the court's paper forms.
Gather information about the person who died, the beneficiaries, and the estate's assets and debts.
Fill out the application and an inventory of the estate.
Publish a notice to creditors. You don't have to, but it's recommended. Creditors then get one month from the last notice to come forward.
File the application. Alberta's Surrogate Digital Service is the preferred route if you're applying without a lawyer (you need to be an Alberta resident and one of the applicants). You can also file paper forms with the Surrogate section of the Court of King's Bench, usually just called Surrogate Court, at the courthouse closest to where the person lived.
Serve notice on the beneficiaries and anyone else who has to be told.
Wait for the court to review the application and issue the grant.
Many people do this with a lawyer, especially when the estate is large, there's no will, or family members disagree.
How much probate costs in Alberta
Alberta charges a flat court fee based on the net value of the estate's property in the province. According to the Government of Alberta:
Net value of estate in Alberta | Court fee |
|---|---|
$10,000 or less | $35 |
Over $10,000 to $25,000 | $135 |
Over $25,000 to $125,000 | $275 |
Over $125,000 to $250,000 | $400 |
Over $250,000 | $525 |
If you use a lawyer, legal fees are on top of that.
How long probate takes in Alberta
There's no set timeline. Willful estimates it can take from several months to over a year for the court to issue a grant. How busy the court is, whether the paperwork is complete, and whether anyone challenges the will all affect the timing.
The house keeps costing money while you wait. Property taxes, insurance, utilities and upkeep still come due, and an empty house needs regular checks over an Alberta winter. Ask the insurer what they require for a vacant home.
Selling the house once you have the grant
A house generally can't be sold until the grant is issued. Many personal representatives use the wait to get ready, which can mean clearing out belongings, getting a sense of value, and talking with the beneficiaries about whether to list it, keep it or sell it directly.
Have that conversation early. If everyone's agreed on a plan before the grant arrives, you'll save time and head off arguments later.
Common questions
Do I need a lawyer for probate in Alberta?
No, you can apply on your own. Many people still hire one, especially for larger or more complicated estates.
Can I live in or rent out the inherited house while probate is in process?
That depends on the will, the beneficiaries and the personal representative's duties. Get legal advice before you make any arrangement.
Are there taxes when you sell an inherited house?
There can be. The sale can affect the final tax return for the person who died and the estate's tax filings. An accountant can tell you what applies.
If the estate needs a simpler sale
Russ Buys Houses buys homes directly from owners and estates in Edmonton, Calgary and Red Deer. The house can be sold as it is, belongings and all. Nobody has to host showings or pay commission, the buyer typically covers the legal costs at closing, and the closing date can be set to fit the grant.
Expect a lower price than a listed home would likely bring. What the family gets out of it is a firm plan and a lot less work. A written offer can happen as early as 24 to 48 hours, and whether you accept it is up to you.
Call 825-462-1777 and we can go over what makes sense for the estate.
This article is general information and is not legal, tax or financial advice. Speak with a lawyer about your own situation.
