How Much Does Probate Cost in Alberta?

Reviewed by Megan Koper, JD, Lawyer & Principal at WillWise. Last reviewed: July 2026.

In Alberta, the government's probate court fee ranges from $35 to a maximum of $525, no matter how large the estate. It is a flat, sliding-scale charge based on the net value of the estate's property in Alberta, not a percentage, so it never climbs into the thousands the way probate taxes do in some provinces. The fee reaches its $525 ceiling once the estate's net value passes $250,000. Court fees are separate from what a lawyer charges. Lawyer fees are set by each firm and are not fixed by the government. WillWise charges a published flat fee of $2,500 plus 1% of the first $2,000,000 of estate value (0.5% on any value above that), plus GST, with no retainer and no upfront payment; legal fees are invoiced only once the grant is received. Together, the court fee and a lawyer's fee make up most of what probate costs.

What are Alberta's probate court fees?

Alberta's probate court fee is a flat charge set on a sliding scale, based on the net value of the estate's property in Alberta. "Net value" means the value of the assets that pass through the estate, minus debts secured against them (for example, a mortgage on a home). The fee is the same whether the court issues a grant of probate (when there is a will) or a grant of administration (when there is not).

Here is the full schedule, set out in the Surrogate Rules and published by the Government of Alberta on Alberta.ca:

Net value of estate property in Alberta Court fee
$10,000 or less $35
Over $10,000, up to $25,000 $135
Over $25,000, up to $125,000 $275
Over $125,000, up to $250,000 $400
Over $250,000 $525

The fee is paid to the Court of King's Bench (Surrogate Division), often called the Surrogate Court, when you file the application. You pay it once. Alberta has one of the lowest probate fee structures in the country.

Are Alberta probate fees a percentage of the estate?

No. This is the single most common misunderstanding about probate cost in Alberta. Some provinces charge a percentage of the estate's value, which can run into many thousands of dollars on a typical family estate. Alberta does not. The Alberta court fee is a fixed amount tied to a value range, and it is capped at $525 once the estate passes $250,000 in net value. A $300,000 estate and a $3,000,000 estate pay the same $525 court fee.

So if you have read that probate can "consume a significant percentage of the estate," that may be true elsewhere, but it is not true of the court fee in Alberta. The variable cost in Alberta is the lawyer's fee, not the government fee.

Are there other costs beyond the court fee?

Usually, yes. The $525 court fee is rarely the whole picture. Beyond it, an estate may pay several other costs, none of which are hidden if you know to look for them:

  • Lawyer fees, if you hire a firm to prepare and file the application (covered in the next section).

  • Personal representative compensation, if the personal representative (the executor, in older language) claims it. This is set by the will, agreed by the beneficiaries, or fixed by the court, and it is separate from probate itself.

  • Accounting or tax fees, if the estate needs a final tax return or clearance certificate from the Canada Revenue Agency.

  • Disbursements, meaning out-of-pocket costs such as certified copies, property valuations, or land title searches. At WillWise, disbursements are billed at cost and are not marked up.

  • Appraisal or valuation fees, if a home, business, or unusual asset needs a formal valuation to establish the estate's net value.

None of these are surprise charges. A good lawyer sets them out for you before you commit, so you know what the estate is likely to spend.

How much does a probate lawyer cost in Alberta?

Lawyer fees for probate in Alberta are set by each firm, not by the government. There is a long-standing suggested fee guideline used in the province (roughly $2,250 plus a percentage of the estate's value), but it is only a guideline; it is not mandatory, and firms charge above or below it. In our experience, the fee usually depends on the estate's value, its complexity, and how much of the work the firm handles.

Because the guideline is optional, quoted fees vary widely from one firm to the next. That is why transparent, published pricing matters: it lets you compare before you commit, rather than waiting for an invoice. WillWise publishes its flat fee openly, which is set out in the next section.

What does WillWise charge?

WillWise charges a published flat fee, so you know the cost before any work begins.

WillWise probate fee Amount
Base fee $2,500
Plus 1% of the first $2,000,000 of estate value Varies with the estate
Plus 0.5% of any estate value above $2,000,000 Varies with the estate
GST 5% on the total legal fee
Retainer or upfront payment None
When legal fees are invoiced Once the grant is received
Disbursements Billed at cost, not marked up

Disbursements, if any, are added at cost on top of this. Because WillWise works remotely across Alberta and invoices only once the grant is received, you do not pay a retainer or any money up front.

Who pays probate costs, the estate or the executor?

The estate pays. Probate costs, including the court fee, the lawyer's fee, and disbursements, come out of the estate's assets, not the personal representative's own pocket. If a personal representative pays a cost personally along the way (for example, a filing fee), the estate reimburses them. This is worth knowing early, because many first-time personal representatives worry they will be out of pocket. In most cases, they are not.

The practical exception is timing. Some costs fall due before the estate's funds are accessible, because banks often will not release money until the grant is issued. WillWise's approach helps here: with no retainer and legal fees invoiced only once the grant is received, the largest cost does not have to be funded up front.

Can you reduce or avoid probate fees?

Because Alberta's court fee is capped at $525, there is little to save on the fee itself; the effort is rarely worth it. What people usually mean by "avoiding probate" is keeping certain assets out of the estate so that no grant is needed for them at all. Assets that pass outside the estate typically include:

  • Property owned in joint tenancy, which passes to the surviving joint owner.

  • Registered accounts and insurance policies with a named beneficiary, such as an RRSP, RRIF, TFSA, or life insurance.

  • Assets held in certain trusts.

These arrangements are estate-planning decisions, best made with advice while a person is alive, not steps a personal representative takes after a death. They can also carry tax or family consequences, so reducing a probate fee should never be the only reason to use them. If probate is required for the estate's assets, the court fee applies, and at a maximum of $525 it is a small part of the overall cost.

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This page is general information about the cost of probate in Alberta. It is not legal advice, and reading it does not create a lawyer-client relationship with WillWise. Every estate is different, and the law can change. Deadlines are strict and can turn on the specific facts of your situation, so you should not rely on this page in place of advice about your own circumstances. Before you act, or decide not to act, speak with a lawyer who can review the details and advise you directly.