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Probate Fees and Estate Administration Fees

Legal Education Society of Alberta Fee Guideline for Core Legal Services
The Surrogate Rules of Court set out what is a Core Legal Service and can be found here and provide a list of services that are to be included in the probate services provided by Lawyers.

For Lawyer's fees, in 1995 the Legal Education Society of Alberta published Fee Guidelines.  The Fee Guidelines are not officially sanctioned, and have not been updated since 1995, but suggests that the following fees for Core Legal Services in 1995:
  1. For Estates up to $150,000 a flat fee of $2,250 plus 0.5% of the value of the value of the Estate.  These fees are based on the gross value of the Estate and do not include disbursements and GST;
  2. For Estates over $150,000 a flat fee of $2,250 plus 1% of the value of the value of the Estate.  These fees are based on the gross value of the Estate and do not include disbursements and GST.

The Fee Guideline has not been updated since 1995, and it is common for fee structures for standard fee for Core Legal Services is a base fee of $3,000 plus 1% for the first $1,000,000 and 0.5% for any amounts in excess of $1,000,000.  These fees are based on the gross value of the Estate and do not include disbursements and GST.

When we render an account we review your matter to decide if the quoted fixed fee is appropriate in relation to the services provided. If we feel that the quoted fee is too high, we will reduce it to a fair and reasonable amount as outlined in our Code of Professional Conduct and the Surrogate Rules.

​Fees for Non-core and Other Legal Services
We will be happy to assist you with Non-Core Legal services. We will charge you for the time we spend on these services at a fixed fee or hourly rate as agreed to.

Alberta Surrogate Court Fees for Grant of Probate or Letters of Administration

The applicable legal fees for core and non-core legal services for applying for probate and administering an estate are set forth above.

Set forth below are the Surrogate Court filing fees for a Grant of Probate or letters of administration.
  
Effective May 1, 2015 the Surrogate Court Filing Fees for Issuing Grants of Probate [filing fee to probate a will], issuing letters of administration [filing fee to administer an estate without a will], resealing grants [excluding trusteeship] are  as follows:
 
1.  If the net value of the Alberta property in the Estate is  $0.00 up to $10,000.00 then the fee is $35.00;
2.  If the net value of the Alberta property in the Estate is  $10,000.00 up to $25,000.00 then the fee is $135.00;
​3.  If the net value of the Alberta property in the Estate is  $25,000.00 up to $125,000.00 then the fee is $275.00;
​3.  If the net value of the Alberta property in the Estate is  $125,000.00 up to $250,000.00 then the fee is $400.00;
​4.  If the net value of the Alberta property in the Estate is over $250,000.00 then the fee is $525.00.

There are other Surrogate Court fees as follows:
  1. The fees for other estate documents, application for Trusteeship, Grant of Double Probate, Caveats, Supplemental Grant or Grant of Administration of Unadministered Property is  $250.00;
  2. There is a $50.00 fee for filing an application during an Estate or Trusteeship action or proceeding;
  3. The Queens Bench Commencement Fee is $250.00.
  4. The Court also charges fees for certification, searches and photocopies.

If you need representation or assistance in probating a will or administering an estate please do not hesitate to contact us. 
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