Inheritance Tax in Alberta: Deemed Disposition, RRSPs, and Probate

There is no inheritance tax in Alberta. Neither the province nor the federal government charges you tax on cash, property, or investments you receive from someone who has died. Canada scrapped its estate tax decades ago, and Alberta never brought in a provincial replacement. What you need to understand instead is that the estate itself pays income tax on gains and deferred income built up during the deceased’s lifetime, and those bills are settled before you see a dollar.

So the practical question for a beneficiary is not “what will I owe?” but “what will the estate owe, and how much of that comes out of my share?”

Why You Do Not Pay Tax on What You Inherit

If you inherit from a family member’s estate in Alberta, you do not file anything or pay anything on the inheritance itself. There is no succession duty, no gift tax, and no transfer tax at either level of government. The personal representative (executor) pays the estate’s outstanding tax first, then distributes whatever remains according to the will.

That order matters. A large tax bill on the estate reduces what you actually receive, even though the bill never has your name on it. The two things that generate most of those bills are the deemed disposition of capital property and the collapse of registered retirement accounts.

Deemed Disposition on Capital Property

Under the federal Income Tax Act, the Canada Revenue Agency treats the deceased as having sold all of their capital property at fair market value immediately before death.1Justice Laws Website. Income Tax Act – Section 70 No sale actually happens, but the tax consequences are identical to one.

Any resulting capital gain — the difference between the original cost and the fair market value at death — is reported on the deceased’s final T1 return. Half of the gain is taxable, as the capital gains inclusion rate in Canada remains at one-half after the federal government cancelled a proposed increase in 2025.2Canada Revenue Agency. Taxable Capital Gains on Property, Investments, and Belongings Investment properties, stocks held outside registered accounts, and secondary real estate all fall under this rule. The estate pays whatever tax results before anything is distributed.

The Principal Residence Exemption

A qualifying principal residence can be partially or fully exempt from capital gains tax. Even where the exemption shelters the entire gain, the personal representative still has to designate the property as a principal residence on the final return using Schedule 3 and Form T1255.2Canada Revenue Agency. Taxable Capital Gains on Property, Investments, and Belongings Miss the designation and the exemption doesn’t apply automatically.

The Spousal Rollover

When capital property passes to a surviving spouse or common-law partner, or to a qualifying spousal trust, the deemed disposition rules are overridden. The property transfers at the deceased’s original cost rather than fair market value, deferring the gain until the surviving spouse eventually sells or dies.1Justice Laws Website. Income Tax Act – Section 70 The transfer must be completed and vested within 36 months of death for the rollover to apply. Where a principal residence passes to a surviving spouse through this rollover, the personal representative does not need to file the principal residence designation on the final return.2Canada Revenue Agency. Taxable Capital Gains on Property, Investments, and Belongings

Tax on RRSPs and RRIFs

Registered accounts are where estate tax bills get painful. When the account holder dies, the CRA treats the full fair market value of the RRSP or RRIF as income received by the deceased immediately before death. That entire balance is added to the final tax return as regular income, not capital gains.3Canada Revenue Agency. Death of an RRSP Annuitant A $500,000 RRSP built up over decades gets taxed in a single year, easily pushing the return into the highest marginal brackets.

The exception mirrors the spousal rollover for capital property. If the surviving spouse or common-law partner is the sole designated beneficiary, the RRSP can be transferred directly into their own RRSP or RRIF with no tax on the deceased’s final return.3Canada Revenue Agency. Death of an RRSP Annuitant A financially dependent child or grandchild may also qualify for a rollover, including a transfer to a registered disability savings plan for a dependent with a disability.4Canada Revenue Agency. Death of a RRIF Annuitant

Without a qualifying beneficiary designation, the estate pays the full income tax before distributing anything. This is the single largest source of estate tax liability for most Alberta families, and proper beneficiary designations can eliminate it entirely.

Alberta Probate Fees

Alberta charges some of the lowest probate fees in Canada. These are court filing costs to obtain a grant of probate or administration, which gives the personal representative legal authority to deal with the estate’s assets. The fees are based on the net value of property located in Alberta:5Alberta.ca. Court Fees

  • $10,000 or less: $35
  • $10,001 to $25,000: $135
  • $25,001 to $125,000: $275
  • $125,001 to $250,000: $400
  • Over $250,000: $525

The maximum is $525, no matter how large the estate. British Columbia and Ontario probate fees can run into thousands or tens of thousands on comparable estates.

Income the Estate Earns After Death

An estate doesn’t stop earning income the moment someone dies. Bank accounts keep accruing interest, rental properties keep generating rent, investment portfolios keep paying dividends. Any income earned by the estate after the date of death is separate from the deceased’s final return and gets reported on a T3 Trust Income Tax and Information Return.

A T3 is required if the estate’s total income exceeds $500, if more than $100 in income is allocated to any single beneficiary, or if a capital distribution was made, among other conditions.6Canada Revenue Agency. Filing a Trust’s T3 Return If an estate takes a year or more to administer and earns meaningful income in that period, the T3 can produce a real tax bill of its own.

If You Live Outside Canada

When an estate pays or credits income to a beneficiary living outside Canada, the Income Tax Act requires a 25% withholding tax on that payment.7Justice Laws Website. Income Tax Act – Section 212 The personal representative withholds the amount and remits it to the CRA. A tax treaty between Canada and your country of residence may reduce the rate, so the representative should check the applicable treaty before withholding.

This applies to estate or trust income distributed to non-residents. It does not convert a capital inheritance into taxable income to you; it governs distributions of income the estate has earned.

Why the Personal Representative Waits Before Paying You

Before making final distributions, the personal representative applies for a clearance certificate from the CRA using Form TX19. This certificate confirms the deceased and the estate have paid all taxes, interest, and penalties owing.8Canada Revenue Agency. Apply for a Clearance Certificate The application requires a signed copy of the will and any codicils, a complete list of the estate’s assets and their values at the date of death, and a proposed distribution plan.9Canada Revenue Agency. Clearance Certificate

Under section 159 of the Income Tax Act, a personal representative who distributes property without obtaining a clearance certificate is personally liable for any unpaid tax, up to the value of the property they handed out.10Justice Laws Website. Income Tax Act – Section 159 The CRA can assess the representative at any time. That personal liability is the reason experienced administrators treat the clearance certificate as non-negotiable, and it’s the main reason there can be a long gap between a death and the day beneficiaries actually receive their share.