Experienced Estate Administration Lawyers Serving Marda Loop, Calgary
Estate administration is the process of dealing with one’s affairs when they die.
This may include collecting the deceased’s property, funeral arrangements, paying debts and taxes, selling assets and distributing money to beneficiaries.
The personal representative (executor) is the person appointed to administer the estate of the deceased person. Administering an estate can be complex and overwhelming depending on the circumstances at the time of death, such as whether or not there’s a will, if the deceased provided for their dependents and the type of assets and liabilities the deceased had at the time of death.
Bruni Law represents executors, beneficiaries, and claimants in estate matters.
Our estate administration services:
- Applications for grant of probate
- Applications for grant of administration (no will)
- Applications for grant of administration with will annexed
- Claims against an estate for family maintenance and support
- Advice to personal representatives (executors)
- Advice to beneficiaries
Bruni Law generally follows the suggested fee guidelines for lawyers under the Surrogate Court Rules of Alberta.
Core legal services:
|Estate Gross Value||Legal Fees|
|Up to $150,000||$2,250 plus 0.5% of the gross value of the estate|
|Over $150,000||$2,250 plus 1% of the gross value of the estate|
Non-core legal services:
Quantum meruit basis or lawyers hourly rate.
Alternative fee arrangements:
Bruni Law is open to discussing flat rate fees, hourly rate fees and capped fees for larger estates on a case by case basis. Please reach out to Bruni Law to discuss further.
Questions? Here’s our top estate administration FAQs:
1. What is a personal representative (executor)?
A personal representative is the person named in a will entrusted with the responsibility of carrying out one’s wishes when they die.
When someone dies, a personal representative will be responsible for locating the deceased’s assets, paying for funeral costs, applying for probate if required, paying the deceased’s debts and taxes and distributing the remaining property to beneficiaries in accordance with the will.
The duties of a personal representative will also include dealing with any claims made against the estate by creditors or dependants, including spouses, children and others.
Duties of the personal representative are set out in the Estate Administration Act of Alberta and will depend on the deceased’s specific circumstances.
2. What happens when someone dies without a will?
No one is named to administer the deceased’s estate (assets and liabilities). Therefore, someone must apply to the court to become the personal representative. This is called an application for grant of administration. Certain family members have priority to apply to become the personal representative.
Once a personal representative is named they will be responsible for locating the deceased’s assets, paying the deceased’s debts and taxes, dealing with claims made against the estate, and distributing the remaining property pursuant to the schedule of beneficiaries set out under the Wills and Succession Act of Alberta.
3. What is probate and when is it required?
Probate is the legal process of determining the validity of a will and the personal representative’s appointment. An application for probate is made to the Court of Queen’s Bench of Alberta.
Whether or not probate is required must be determined on a case by case basis and is often dependent on the type of assets the deceased owned at the time of death.
4. What are Alberta probate/administration fees?
The Court charges fees to process a probate application. The larger the estate the higher the fees. Alberta has very low fees in comparison to other Provinces. Below is a list of the current fees for grant of probate or administration:
|Estate Net Value||Court Fees|
|$10,000 or less||$35|
|Over $10,000 but not more than $25,000||$135|
|Over $25,000 but not more than $125,000||$275|
|Over $125,000 but not more than $250,000||$400|
About Bruni Law
Bruni Law is a two generation law firm located in the Calgary community of Marda Loop. The Brunis, along with the support of their employees, strive to provide legal services in a friendly and approachable environment. Our office is easily accessible with free on-site parking available.
We look forward to assisting you with your legal needs.Learn More