07/17/2026
We often get asked whether it's better to go with a trust to avoid probate. The short answer is "it depends" but for most in Alberta a trust is an expensive (and not the best) solution to the time and costs of "probate".
What's probate? A grant of probate confirms the deceased's will is valid and the executor is properly appointed and authorized to act. The application is made to the Court of King's Bench in Alberta. A law firm can assist an executor with that process.
As of the date of this post, Court fees for an application for grant of probate are based on the value of the estate and max out at $525.00.
An executor is authorized to act on behalf of the estate as soon as the person who made the will dies, but certain assets cannot be dealt with until there is a grant of probate. Examples include real estate and shares. Banks also often will require a grant of probate before they will release funds to the executor.
The application process requires notification of the appropriate parties and disclosure of estate assets and value.
If the assets that require a grant of probate are not owned by the deceased then a grant of probate may not be required. This is where a trust comes in.
A trust is a legal mechanism that moves assets to a trustee, who manages those assets on behalf of beneficiaries, for a specific purpose. Because a trust isn't a person, and doesn't die, assets in a trust would not normally form a part of an estate. However, trust tax and disposition rules and legal and accounting setup and upkeep costs need to be factored in. A well-designed trust is likely to be thousands of dollars in accounting and legal costs.
An alternative to a trust is where possible to name a beneficiary on the asset or where appropriate to give someone a survivorship interest in the asset. Where there is a beneficiary or a survivorship interest, the assets would transfer to the beneficiary or the joint owner at the time of death and so probate would not be required for those assets. For example, beneficiaries can be appointed for registered investments and trusted people can be named as joint owners of real estate or bank assets. But care is certainly needed when adding joint owners to your assets because they'll have some ownership in your assets while you are living that could impact your ability to freely dispose of your property.
Whatever a person decides, having a will is a key and essential part of planning for when we pass. At MDJ Law & Co we support you in navigating these questions and in preparing your estate plan in a way that best fits your needs.
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