Protect the property before deciding its future

Confirm people and pet safety, insurer notice, occupancy or vacancy, heat, water, fire protection, alarms, security, mail, snow, yard, emergency access and documented inspections. Preserve the home and records; do not let urgency become unauthorized removal, renovation, listing or distribution.

Locate the controlling estate documents

Preserve the original will and every codicil, note the named executor, alternates, renunciations, affidavits and competing documents, and identify an intestacy or administration lane where needed. A photocopy, family memory or beneficiary consensus is not a complete authority file.

Separate nomination from court-confirmed authority

Being named executor expresses the will's choice; a grant of probate confirms authority, while administration may be required when there is no acting executor. Have the Alberta estate lawyer identify what may be protected now, what requires a grant, and who may instruct, sign, contract, transfer and receive funds.

Read current Alberta title

Order current title and instruments and classify sole title, joint tenancy, tenancy in common, trust or beneficial questions, dower or spouse interests, mortgages, caveats and liens. The will does not override registered title automatically, and an old purchase file may not reflect the current ownership form.

Distinguish survivorship, estate inclusion and transmission

A surviving joint tenant may use Alberta's registration process; a tenant-in-common share generally enters the estate. Transmission to a personal representative and transfer to a beneficiary or purchaser are separate Land Titles steps. Map the exact documents, certification, signatures, affidavits and timing with the lawyer.

Map every affected person and claim

List personal representatives, surviving owners and spouses, beneficiaries, minors, represented adults, dependants, creditors, tenants, occupants and missing people. Record each person's legal role, contact channel, claim, conflict, consent question and adviser without treating family voting as transaction authority.

Control insurance and Calgary vacancy risk

Tell the insurer the owner has died and describe actual occupancy or vacancy. Obtain written inspection, heat, water, security, maintenance, contractor and claim requirements. A vacant Calgary house through freezing weather needs a dated protection log; hiding vacancy can jeopardize the estate's largest asset.

Freeze contents and access evidence

Photograph every room, valuable, document, key, device, vehicle and leased item before distribution or disposal. Track custody, access, ownership claims, storage, appraisals, donations, sales, disposal, receipts and authority. Keep will, banking, tax, identity and access records out of marketing and general intake.

Respect occupants and tenancies

Identify family occupants, tenants, agreements, rent, deposits, inspection reports, notices, entry, repairs, privacy and possession. Death or estate ownership does not erase Alberta tenancy or occupant questions. Do not use lock changes, showings or content removal to manufacture vacancy.

Build the debt and carrying-cost board

Reconcile mortgage, HELOC, payout, arrears, property tax and TIPP, condo fees, utilities, insurance, repairs, liens, judgments, tenancy amounts and other estate debts. Add monthly protection and administration cost, available estate liquidity and the date the hold path becomes financially unsafe.

Keep date-of-death and current value separate

The tax and estate file may need fair market value at the date of death for the exact interest. Today's sale or transfer needs current Calgary property evidence. State the effective date, ownership interest, property facts, condition and purpose; do not substitute assessment, online estimate, insured value, asking price or mortgage balance.

Create the CRA and tax workback

Authorize the legal representative with CRA, preserve acquisition, ownership, occupancy, rental, improvement and CCA records, and coordinate the final return, principal-residence reporting, deemed disposition, spouse transfer, estate income and expenses, T3 return, later sale and non-resident or GST questions with a qualified professional.

Compare estate property paths with evidence

Compare protect-and-hold, as-is sale, clean-and-document, limited repair, broader preparation, beneficiary transfer, retention or rental. Use authority, will duties, title, value, complete costs, delay, insurance, vacancy, tax, number of potential buyers, beneficiary process and an ordinary no-upside fallback.

Spend estate money only under a controlled scope

Emergency protection differs from elective repair. For every proposed project, document authority, purpose, quote, budget, contingency, permit, access, insurer effect, completion evidence, value support, delay and failed-work fallback. Do not renovate to satisfy one beneficiary's taste or related-party plan.

Build a lawyer-approved sale protocol

Define who selects and instructs professionals, approves preparation, list price and changes, grants access, receives feedback, evaluates offers, signs, handles conditions, disclosures and repairs, chooses possession and directs closing. Address related-party sales, conflicts and independent value explicitly.

Do not promise probate or closing timing

If a grant or transmission is outstanding, the lawyer must approve the exact contract condition, outside date, deposit, access, risk, extension, termination, title and possession language. Court, requisition, Land Titles, lender, buyer financing and rate-hold timing may not move together.

Add the Public Trustee and minor-beneficiary gate

Alberta states that the Public Trustee reviews grant applications involving a minor and must consent to a land transfer when a minor has an estate interest; a recent certified appraisal may be required when the transfer or sale affects the gift. Build notice, consent, appraisal and lead time into the closing plan.

Separate proceeds from distributable residue

At closing, pay or reserve for mortgages, registered claims, adjustments, legal fees, expenses, tax and disputed items through the approved trust and estate process. Gross equity, lawyer-trust proceeds, available estate cash and residue are not interchangeable. Keep complete accounts and an adequate holdback.

Use clearance before final distribution

CRA warns that a legal representative who distributes without the required clearance may become personally liable for unpaid amounts. Apply after required returns are assessed and amounts paid or secured, preserve proposed distribution records, and release funds only under lawyer and tax advice.

Keep more than one workable fallback

A controlled file includes protect-and-hold, as-is sale, limited repair, beneficiary transfer after approvals, interim rental where lawful, price or timing reset, relist, mediation, court direction and no transaction. Grief, carrying cost or family pressure should not force an unsupported sale or early distribution.

Explore

Related guides and tools

Private working file

Build the estate property record before anyone commits or distributes.

Use the estate-home board to assign protection, authority, title, people, contents, debt, value, tax, sale, closing, proceeds, accounting, and fallback tasks. Keep wills, identity, banking, tax, legal advice, access codes, and beneficiary records in approved secure channels.

Private Calgary estate-home evidence boardDownload worksheetProbate and estate-home plannerRun the private 20-point planner

Verify before relying

Official sources for this topic

These sources explain the rules and records relevant to this topic. Check the current requirements for your property.

Alberta deceased persons' estatesOfficial Alberta guidance on personal representatives, probate, administration, estate assets, debts, and land transfers.Alberta surrogate applicationsOfficial Court of King's Bench information and forms for probate and estate administration applications.Alberta willsOfficial Alberta explanation of wills, intestacy, executors, administrators, personal representatives, beneficiaries, and estate administration.Alberta Court wills and estates formsOfficial Court of King's Bench pathway to current surrogate forms and estate resources.Alberta land title ownership changeOfficial Alberta requirements for removing a deceased joint tenant and transmitting land to a personal representative.Alberta land title overviewCurrent official Alberta explanation of title ownership and registered mortgages, caveats, liens, and other interests.Alberta land titles procedures manualOfficial Land Titles procedure references for powers of attorney, enduring powers of attorney, personal representatives, trustees, and document execution.CRA: doing taxes for someone who diedRead the current official guidance and confirm what applies to your property.CRA property on deathCurrent CRA guidance for deemed disposition at death, spouse or partner transfers, principal residences, rental property, CCA, final returns, and estate returns.CRA estate clearance certificateCurrent CRA requirements and personal-liability warning before a legal representative distributes estate property.CRA: representing someone who diedRead the current official guidance and confirm what applies to your property.CREB housing statisticsPublic Calgary market report hub.City of Calgary market value assessmentOfficial explanation of Calgary market-value assessment, valuation dates, mass appraisal, sales comparison, property characteristics, and the difference between a range of market value and one transaction.City of Calgary property assessment and taxAssessment and property-owner information.Law Society of Alberta lawyer directoryOfficial Alberta directory for checking lawyer status and searching by location, practice area, language, and other criteria.RECA consumer informationAlberta real estate consumer guidance.

Check the current information at the linked source. Ask the appropriate professional how it applies to your property.

Important

This is general information, not legal advice. Speak with a qualified lawyer about your specific situation.