How Much Does Probate Cost in Alberta?

The short answer In Alberta, the court fee for a grant of probate or administration ranges from $35 to $525, set in tiers by the net value of the estate's property located in Alberta. Estates worth $10,000 or less pay $35; estates over $250,000 pay a flat $525. This fee generally cannot be waived, even for financial hardship.

What Alberta probate court fees cost, by estate value

Alberta charges a single court fee to issue a grant of probate or administration (the court order confirming an executor’s authority to deal with an estate). The fee is not a percentage of the estate; it’s a flat dollar amount tied to which value tier the estate falls into, based on the net value of the estate’s property located in Alberta.

Net value of estate property in AlbertaCourt fee
$10,000 or less$35
More than $10,000, up to $25,000$135
More than $25,000, up to $125,000$275
More than $125,000, up to $250,000$400
More than $250,000$525 (flat, no matter how much larger)

These figures come from Schedule 2 of Alberta’s Surrogate Rules, the regulation that governs estate court procedure and fees. The same schedule applies whether the application is for a grant of probate (where there’s a will) or a grant of administration (where there isn’t).

What “net value” means and why the tier matters

The fee tier is set by the net value of the estate’s property located in Alberta, meaning value after debts secured against that property are accounted for, not the estate’s gross worldwide value. This distinction matters because it’s the Alberta-specific net figure that determines which of the five tiers above applies, and because the jump between tiers is a hard line rather than a gradual scale: an estate valued at $125,001 pays $400, not a blended rate between the $275 and $400 tiers.

Because the fee flattens out at $525 for anything over $250,000, the court fee itself becomes a shrinking percentage of the estate as the estate gets larger. Smaller estates pay a fee that represents a larger share of the estate’s value, relative to what a large estate pays.

Fee waivers generally don’t apply to probate

Alberta’s Surrogate Rules include a general mechanism letting a court clerk waive fees for individuals who can’t afford to pay, based on guidelines set by the Minister of Justice. However, this waiver does not extend to the probate or administration fee itself: estates do not qualify for fee waivers under this section. In practice, this means the estate (not the executor personally) is expected to pay the applicable tiered fee from its own assets before or as part of applying for the grant, regardless of how liquid the estate is at the time of filing.

Sections and where this fee schedule comes from

The court fee schedule for probate and administration in Alberta is set out in Schedule 2 of the Surrogate Rules, Alta Reg 130/1995, and the fee-waiver exclusion for estates is set out in section 44.1 of the same regulation. Because regulations can be amended, it’s worth checking the current fee table on Alberta’s official court fees page before filing, in case the amounts have changed since this schedule was published.

Frequently asked questions

Does the Alberta probate fee keep rising for very large estates?

No. In Alberta, the fee is capped at a flat $525 once the estate's net Alberta property value exceeds $250,000. There is no further increase no matter how much larger the estate gets.

Can I get the Alberta probate fee waived if I can't afford it?

Generally no. Alberta's Surrogate Rules allow a general fee waiver for individuals unable to pay court fees, but estates are specifically excluded from using this waiver for probate or administration fees.

Is the Alberta probate fee based on the whole estate or just what's in Alberta?

It's based on the net value of the estate's property located in Alberta only, not the estate's total worldwide value. This is set out in Schedule 2 of Alberta's Surrogate Rules.

Where is the Alberta probate fee schedule actually written down?

It's in Schedule 2 of the Surrogate Rules, Alta Reg 130/1995, a regulation under Alberta law that sets court fees for grants of probate and administration.

Sources

  1. Government of Alberta - Court fees , Surrogate Rules, Alta Reg 130/1995, Sch 2 (retrieved January 15, 2025)
  2. Centre for Public Legal Education Alberta (CPLEA), "Court Fees and Waivers in Alberta" , Surrogate Rules, Alta Reg 130/1995, Sch 2 and s 44.1 (retrieved January 15, 2025)
  3. Surrogate Rules 130/95, Alberta King's Printer , Surrogate Rules, Alta Reg 130/1995, Sch 2 (retrieved January 15, 2025)
  4. Surrogate Rules, Alta Reg 130/1995 - CanLII , Surrogate Rules, Alta Reg 130/1995, s 44.1 (retrieved January 15, 2025)