Selling a House During Probate in Alberta: A Timeline

Last reviewed October 2026 · By Tod Hall and Tausha Hall, REALTORS®, TNT Real Estate Pros | Real Broker

Short answer: In Alberta, you generally can’t close the sale of a house owned by someone who has died until the personal representative has a court grant (probate or administration) and the title is transferred into their name at Land Titles. Filing fees run from $35 to $525 depending on the estate’s value. From death to closing, many estate sales take several months.

Selling a parent’s or relative’s home is hard on a lot of levels. Knowing the order of steps helps you plan, keep the house insured and secure, and avoid promising a buyer a date you can’t meet. Here’s how it usually unfolds in Alberta, phase by phase. Every estate is different, and court timing changes, so treat the timeframes as rough guides.

Phase 1: The first few weeks

• Find the will. It names the executor (Alberta’s law calls them the personal representative). If there’s no will, someone, often a close family member, applies to the court to be appointed administrator.
• Protect the house. Call the home insurer right away. Many policies have rules about vacant homes, and coverage can be limited if the insurer isn’t told. Keep the heat on, check the property regularly and forward the mail.
• Find out how the house is owned. If it was held in joint tenancy with someone who’s still alive, it may pass to that person outside the estate. If the deceased owned it alone, or as a tenant in common, it’s part of the estate and the steps below apply.
• Check for a surviving spouse. If the deceased was married and the house was their homestead, the surviving spouse has a life estate under the Dower Act. Their consent or release will be needed to sell. Our article on dower consent in Alberta explains how that works.
• Hire an estate lawyer. You can apply on your own, but most people selling real estate use a lawyer for the grant and the sale.

Phase 2: Applying to the Surrogate Court

To sell real estate, the personal representative normally needs a court grant. There are two main kinds:

• Grant of probate: when there’s a valid will and the named executor applies.
• Grant of administration: when there’s no will. There’s also a grant of administration with will annexed, used when there is a will but the named executor can’t or won’t act.

The application uses forms set out in Alberta’s Surrogate Rules. They include details about the deceased, the will, the beneficiaries and an inventory of the estate’s assets and debts. The personal representative must also send notices to beneficiaries and certain family members.

Filing fees as of October 2026

Net value of the estate in Alberta	Surrogate Court filing fee
$10,000 or less	$35
$10,001 to $25,000	$135
$25,001 to $125,000	$275
$125,001 to $250,000	$400
More than $250,000	$525

The fee is based on the net value of the estate’s property in Alberta. Confirm current fees with the court or your lawyer when you apply.

How long the grant takes

Preparing the application can take a few weeks, depending on how quickly you gather documents and values. After filing, the court’s processing time varies. Ask your lawyer what they’re seeing right now.

Phase 3: Transferring title to the personal representative

Once the grant is issued, your lawyer applies to Alberta Land Titles to transfer the house into the personal representative’s name. This is called a transmission. It uses a certified copy of the grant. After it’s registered, the personal representative has the legal authority to sign the transfer to a buyer.

Phase 4: Getting the house ready and listing

You can do a lot of the work while you wait for the grant: clearing out belongings, small repairs, getting a value estimate, and gathering documents such as a Real Property Report. Some families list before the grant arrives, but the purchase contract should reflect that the seller can’t close until the grant and transmission are complete. Talk to your lawyer and agent about how to word conditions and dates so you don’t end up in breach.

When the house is listed, the buyer is buying from the estate. Estate homes are often sold with fewer seller disclosures, because the personal representative may not know the home’s history. Buyers usually rely more on their own inspection.

Phase 5: Accepting an offer and closing

• The personal representative signs the contract and, later, the transfer to the buyer.
• Sale proceeds go into the estate lawyer’s trust account. Any mortgage, property taxes and selling costs are paid from them.
• The rest becomes part of the estate. It’s distributed to beneficiaries only after debts and taxes are dealt with.

Waiting periods to know about

Alberta doesn’t require you to wait a set time after the grant before selling the house. What usually waits is distribution of the money. Under the Wills and Succession Act, certain family members can apply for financial support from the estate, generally within six months of the grant. Personal representatives are often advised not to distribute the estate before that period ends, and to get a clearance certificate from the Canada Revenue Agency before final distribution. Your lawyer will tell you what applies to your estate.

Who signs what

Document or step	Who signs or acts	Notes
Application for the grant	The executor named in the will, or the person applying to be administrator	Your lawyer usually prepares the Surrogate Court forms.
Notices to beneficiaries and others	The personal representative	Beneficiaries and certain family members must receive notice under the Surrogate Rules.
Transmission of title at Land Titles	The personal representative (through their lawyer)	Uses a certified copy of the grant. Title then shows the personal representative’s name in that role.
Listing agreement	The personal representative	If there are co-executors, they usually all sign unless the will says otherwise.
Purchase contract and transfer to the buyer	The personal representative	Signed in their capacity as personal representative, not personally.
Consent or release of a surviving spouse’s life estate	The surviving spouse, if the home was the homestead	Required under the Dower Act when a married owner dies.
Statement of adjustments and payouts	Estate lawyer and buyer’s lawyer	Sale proceeds go to the estate’s trust account, not to beneficiaries directly.

For a fuller look at the emotional and practical side, see our guide for executors selling a parent’s home in Calgary. Our estate sales guide covers choosing an agent who handles these files often.

We can help you plan the timing, prepare the house and coordinate with your lawyer. If you’d like to talk it through, send us a note or call 587-875-6640. No pressure, just answers.

This article is general information, not legal advice. Talk to an Alberta real estate lawyer about your situation.

Sources:Alberta Courts: Surrogate matters · Alberta.ca: Wills and estates · Alberta Land Titles · CPLEA (Centre for Public Legal Education Alberta)