hL You will NOT receive a reply on your feedback. However, in some cases, the Executors parent has passed away in a different province. To inquire about legal services, please complete our general intake form by clicking the button below: If your inquiry is unrelated to a legal matter, please email [emailprotected]. 27 0 obj <> endobj THE CENTRE FOR PUBLIC LEGAL EDUCATION ALBERTA DOES NOT REPRESENT CLIENTS OR PROVIDE LEGAL ADVICE. Get up-to-date on the latest news and upcoming events at CPLEA. There is also a new requirement that the applicant provide the Court with proof of death. You may find yourself unsure of which grant to apply for or whether you need to apply at all and an estates lawyer will guide you towards the best option. Court and Justice Services (CJS) provides access to Court of King's Bench Surrogate forms dealing with non-contentious surrogate matters. 0~XU!jn4+vLM#2nbd6[i To apply for a Grant of Administration you should reach out to a qualified wills and estates attorney who can help you begin the process. Let us send you information and start helping right away by emailing us directly.We also enjoy taking your calls. Forms to apply for a grant of administration can be found online or you may wish to have a lawyer assist you. We understand that there is more to you than the legal inquiry that brought you in. Government of Alberta Subject: Members of the public, or their lawyers complete and submit this form to the Court of King's Bench in estate matters when they need a grant of probate, The new GA Forms came into effect on June 15, 2022 for all grant applications in Alberta. Our lawyers help when you need it. Lastly, if you want more information you can watch and learn from, click here to watch our video on probate and probate lawyers. Not every form must be used in every case. WebIf youre named as an executor in the will, you can use form PA1P to apply for a grant of probate, a legal document that shows you have the right to deal with the estate. endstream endobj 3059 0 obj <>stream The process for Limited Grants of Probate closely resembles the actual probate process. [F'SP))xxIm-Ng*wj)9L!wpkw#&p|[[||S{@p~: 0 However, while mostly used for probating real estate, there are more assets that benefit from this type of probate application. When there is more than one family member eligible to apply for a Grant of Administration, the family should decide who will apply and who will renounce their appointment. If no one is willing to assume the responsibility, the court will issue a Grant of Administration with Will Annexed, appointing a personal representative to administer the estate. The personal representative or executor of the estate is responsible for arranging this but family or friends may do so if there is no personal representative or executor. The personal representative will need to contact the deceased persons bank to inquire. If no one else is administering the estate, creditors can also choose to apply to administer the estate themselves in order to collect on the debt. All applications must be submitted using the GA forms. The grant allows the personal representative to legally fulfill their duties as the administrator of the estate. Q?{Ga?#4vD'2jJi8ka)p"-z^wb"ft(BMbiN;Z*m&`\2ObShZ/CTLb}](%>n`3Wfb"V vX\(R ])qN^NL 51 &;|R8~n. Further information on this service and locations can be found on the Court and Justice Services (CJS)website. The Public Trustee cannot provide assistance with applications for a grant. The Public Trustee will only consider administering an estate if a minor, or a Represented Adult client of the Public Trustee, is a beneficiary of the estate and no other party is administering. The probate process is not nearly as time-consuming or cost-involved as people often assume. With the Limited Grants of Probate, the court orders that a specific person is in charge of the estate to sell specific items, as needed. with a trusted third party, such as a lawyer, the will belongs to a Public Trustee client, or, the will names the Public Trustee as personal representative, identify the estate assets and liabilities, satisfy the debts and obligations of the estate, and, distribute and account for the administration of the estate, the deceased chose a specific person to be the beneficiary on specific property, such as a beneficiary designation on an investment, the deceased owned property jointly with someone and the property automatically falls to the surviving owner. For example, assets that a quick probate order assists with include: The process for Limited Grants of Probate closely resembles the actual probate process. However, of those 49 forms, there The Government of Alberta sets out the forms and steps needed for these applications in the Surrogate Rules. Our office is closed to the public until further notice as a result of the Covid-19 pandemic. Probating an estate means making an application to the Surrogate Court in Alberta. In addition, we advise you if using a Limited Grants of Probate best benefits the estate or not. Suite 625 - Southcentre Executive Tower, Legislationabout estates, wills and funerals: The Public Trustee as the Representative of a Deceased Persons Estate. Probate is granted only after the courts receive all of the information necessary to declare that the will is valid. After submitting this application, the lawyer then continues with the final order. WebALBERTA PROBATE FORMS The following Probate forms are required by the Alberta Surrogate Rules, to apply for a Probate Grant: These Alberta Probate forms are also required to apply for a Grant of Administration (where a Will exists). If no one else can, the public trustee will consider managing an estate if the beneficiary is a minor or represented adult. The Public Trustee will only consider administering an estate if a minor, or a Represented Adult client of the Public Trustee, is a beneficiary of the estate, the estate is solvent (more assets than debts), and no other party is administering. Getting a Grant of Probate or Administration - CPLEA.CA Getting a Grant of Probate or Administration Getting a Grant of Probate or Administration Booklet with detailed Note:If you are having trouble opening PDF forms (i.e. D3mbi*. Notably, the applicant must swear or affirm that all the information in the grant application is true to applicants best knowledge and belief, including: The applicant must also acknowledge the law requires them to perform the role of personal representative: There are two important changes to the reporting requirements for the deceaseds assets and debts. Under the new Surrogate Rules, the applicant must first file Form GA1 Application with the Court and then serve a Form GA3 Notice on all interested parties. WebTitle: GA3 Notice to Beneficiaries and Other Interested Parties Author: Government of Alberta Subject: Members of the public, or their lawyers complete this form to notify beneficiaries and other parties with an interest in the deceased's estate that they are applying to the Court for a grant of probate or administration and to inform them of their Court forms information coordinators are available to assist with locating court forms and providing information on when to use them and how to fill them out. getting messages about updating Adobe Reader): Lemploi de la langue franaise et service d'interprte, Avis et demande daudience en franais / French Language Notice and Request, Service Outside of Canada (Includes Hague Service Convention), Adjournment Request - Family Docket Court, Service Outside of Canada (Includes Hague Convention), Guidelines for Documents filed by Email or Digital Upload, Checklist for Filing of Electronic Documents, Criminal - Justice Seized Booking Request Form, Remote Hearings Protocol & Troubleshooting, Review and Assessment Booking Request Form, eNotice of Restricted Access Applications, Notice to Media of Application for Restricting Order, Affidavit of Self-appointed Litigation Representative, Notice of Self-appointment of Litigation Representative, Originating Application - Notice of Appeal/Reference, Demand for Notice by Third Party Defendant(s), Application to Enforce Judgment Against Third Party Defendant, Reply to Defence of Third Party Defendant, Notice of Appeal of Applications Judge's Judgment or Order, Order that Evidence Be Taken Outside Alberta, Originating Application for Interpleader Order, Civil Enforcement Agency Directions to Instructing Creditor, Application for Court to Set a Trial Date, Application for an Order that a Judgment Has Been Satisfied, Notice of Appointment for Review of Retainer Agreement Lawyer's Charges, Notice of Appeal of Review Officer's Decision, Notice of Appeal of Assessment Officer's Decision, Notice of Address for Service in Foreclosure Action, Notice of Default (Residential Tenancy Act), Notice of Default (Mobile Home Sites Tenancies Act), Application for Dispute Resolution Exemption, Response to Application for Dispute Resolution Exemption, Financial Statement of Debtor (Corporate Debtor), Financial Statement of Debtor (Individual Debtor), Choose "Always Open in System Viewer" after download, Or try right-clicking on the link or download button and choosing "Save Link As" and then opening the file from your computer, Or try clicking the pdf icon in the address bar and selecting open in Adobe Viewer or. Applying for the Grant of Probate in Alberta Once all the information has been collected, the probate forms must be completed. If worried, please call for direction. The ownership and transfer of a deceaseds jointly-owned assets are governed by rules that have evolved over time through the courts (common law). This part lists the names, mailing addresses and email addresses of the beneficiaries of the estate, along with a description of the gift each beneficiary is to receive. In addition, it protects the person managing the estate from personal liability. The Centre for Public Legal Education respectfully acknowledges that we are located on Treaty 4, 6, 7, 8 and 10 territories, the traditional lands of First Nations, Mtis, and Inuit. The estate lawyers at West Legal will provide you with an honest assessment of whether or not you can avoid probate and the associated legal costs. Clients often have questions about the probate process, and rightfully so. endstream endobj 3061 0 obj <>stream Many assets benefit from using a Limited Grants of Probate. !)%*M!#'=m i&BK hkD.S]s>k{p The law may have changed since then. The probate process requires extensive paperwork which is often confusing. Wait for the court to issue a Grant of Probate. The new GA forms are intended to create a more streamlined and efficient process for processing grant applications in Alberta. Not all estates are administered. A request for a grant of probate is used to ask the court to confirm that the person named in the will has the authority to administer the estate. You must file Surrogate Forms, publish a Notice to Claimants in a newspaper, service Notices on beneficiaries that you are seeking this appointment, and file the application with the Court of Queens Bench. A grant of probate is obtained by the personal representative, or executor, of the estate upon application to the Surrogate Office of the Court of Queens Bench in Alberta. Copyright All Rights Reserved 2004 Kahane Law Office, Dependent Adult Applications (Represented Adults), A persons personal residence is the asset that most frequently benefits from Limited Grants of Probate. Learn more below or call the probate lawyers at Kahane Law Office. You may need to complete one of these forms to support your probate application. It is reasonable to request to see the document before you share information about the estate with them. The net value of the estate within Alberta is calculated by adding the deceaseds total assets within Alberta and the jointly owned assets that form part of the deceaseds estate within Alberta, and then subtracting the deceaseds total liabilities. An original or a certified copy of the grant of probate or letters of administration under seal of the Court of Kings Bench of Alberta must be attached to the application. There are no surviving joint owners on the property. WebAlways ensure that, if you live in Alberta, that you understand the process here. A request for a grant of probate is used to ask the court to confirm that the person named in the will has the authority to administer the estate. If you need assistance with administering an estate, please contact a lawyer. First probate forms must be completed, then the appropriate application is made: If there is a valid will the executor will apply for a Grant of Probate. %PDF-1.6 % If the deceased person does not have sufficient funds to pay for funeral and burial costs, funeral benefits may be provided by the Alberta government. If the Public Trustee administersan estate, the Public Trustee will: Contact the OPGT immediately if you think: If there is money in an estate administered by the Public Trustee, and the beneficiaries cannot be found, the funds will eventually go to Albertas provincial treasurer. ^ The estate lawyers at West Legal will provide you with an honest assessment of whether or not its best to take steps to avoid probate and the associated risks and expenses of doing the same. Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. Of course, people must prioritize attending to and protecting the estates assets. Renunciation of Administration with the Will Annexed, Notice to Spouse (Matrimonial Property Act), Notice to Spouse/Adult Interdependent Partner of Deceased, Notices to Dependent Child of the Deceased. ALBERTA PROBATE FORMS The following Probate forms are required by the Alberta Surrogate Rules, to apply for a Probate Grant: These Alberta Probate forms are also required to apply for It does not contain the original or a copy of an international will. The applicant may have authority as stated in the will, or, if there is no will, as set out in the Estate Administration Act. Application by the Personal Representative(s) for a grant of: Author: Government of Alberta Subject: Identifies the type of grant applied for by the personal representative, along with other The Court uses the net value of the estate to calculate the court fees charged for processing and issuing the grant. Limited Grant Of Probate Process. The Surrogate Rules of Court set out many of the rules that personal representatives must follow and the forms they must complete when applying to the Court of Queens Bench in Alberta for a grant of probate or a grant of administration of an estate. Because of this, PA1P is also called the grant of probate form. In an effort to modernize and simplify the process for getting a grant, Alberta amended these Surrogate Rules and simplified the forms. Anything that deals with time sensitive assets, assets that rapidly depreciate or require a lot of work or money to maintain and more. See Probate Forms for details. +,/vXF(f7k~{ Below is a list of the forms, required under the Surrogate Rules in Alberta, to be submitted with a Grant of Probate Application: NC 1: Executor and probate lawyer contact information; NC 2: Executors affidavit; Schedule 1 in NC3: Information pertaining to the deceased and the deceaseds family; These applications often allow people to legally sell or manage estate assets in weeks. The Court will not issue a grant until it has received a filed Form GA5 Affidavit of Service for each interested party. Contact a lawyer if you need assistance determining whether you should administer an estate. We refer to this court order as a Grant Of Probate. wills@west-legal.ca or 403-723-0175 to get started. The information collected here is about the applicants and their right and priority to apply for the grant. ptD.{\T*"^m0:"lEZf+q) %"{\w>>UP5M[U/>DpdRf_64a$)[S?a'-"oy^c/EpHH[PJ(aoOkE,%oy#7-MA 7,]lk3W!vcer=71Ld= EDITORS NOTE Read CPLEAs Getting a Grant of Probate and Administration in Alberta booklet to learn more about the process for getting a grant. Contact a local registry office for questions about dealing with a deceased persons vehicle. In basic, simple estates, the process to receive a Grant Of Probate takes three to four months. A grant of probate is a document signed by a Justice of the Court of Queens Bench of Alberta, that confirms the validity of a deceaseds last Will and affirms the Executors authority to distribute the deceaseds assets pursuant to that Will. The Government of Alberta sets out the forms and steps needed The Court achieves this by requiring the applicant to serve Form GA3 on those entitled to receive notice of the application and then submit to the Court a sworn Form GA5 Affidavit of Service confirming they served the notices. Of course, the personal representative must always act in the best interests of the estate and its beneficiaries as executors are not allowed to benefit from the estate. Before June 15, 2022, the applicant only had to report assets the deceased owned that were located within Alberta. The old NC forms had different notices for different beneficiaries. The Public Trustee will not act to clear a deceased persons property unless the Public Trustee is administering the estate. h240Q0P040U02T+-( All fields are required unless otherwise indicated. The process takes time, money and energy. How Criminal Charges Affect Child Custody in Alberta, Alberta COVID-19 Vaccinations & the Workplace. Stock or share portfolios in a volatile market. A Grant of Probate is a court document, issued by the Surrogate Division of the Court of Queens Bench of Alberta, which confirms or validates the Executors authority to distribute the deceaseds Estate. With offices in Calgary and Edmonton, we help you at at time when emotions and stress make things harder. It is easier for an executor to sell a home right away and not wait months for the grant of probate. Temporary Layoffs: What Alberta Employees Need to Know, Updates to the Alberta Employment Standards Code, Holograph Wills: Creating a Will During Uncertain Times, Emergency Financial Assistance from AB Government, Duty to Accommodate: Best Practices for Employers, Best 5 Employer Options During the Coronavirus Pandemic, Alberta Court Closures: How You Might Be Affected. Many people keep their will in a safe place, such as: The Public Trustee may store a will for safekeeping if: If the deceased person owned property outside of Alberta and had an international will, their will may be registered with the Office of the Public Trustee. Form PA11: Apply for power of attorney (will) 17 May 2022 Form Form PA12: Apply for power endstream endobj 3062 0 obj <>stream Review and sign the probate application. The estate of the deceased person is responsible for paying for burial and funeral expenses. 0 _[- BAG uDq?QM`fj3 The personal representative must provide the following to the OPGT office: The Public Trustee will review the submitted documents and respond to the court. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Address Alberta While prepared to help right away, we encourage clients to focus on family and grieving first. The personal representative appointed in the will decides not to apply for probate but wants to reserve the right to apply later and later applies. Booklet with detailed legal information about the different types of grants and how to apply for them in Alberta. Executor (Personal Representative) Duties, Executor (Estate Administration) Checklist, Executor Not Paying Beneficiaries & Other Misconduct, Executor-Beneficiary Conflict of Interest, Executor Fees in Alberta: Compensation & Expenses. You may be required to pay a fee for this service. Forms may be found on the Government of Open the PDF form with Adobe Reader. Read more about when Probate is necessary in Alberta here. This occurs most frequently but is not limited to estates involving real estate, investments or corporations. Web2. Its sensible for you to reach out to us or another Calgary probate lawyer, even if your loved one passed away out-of-province. If you live in the Edmonton area please reach us directly at (780) 571-8463. What we do believe in, is careful and creative planning so that your estate can avoid probate in circumstances where the downsides to avoiding probate are limited. Whereas a Grant of Probate is issued when an While a grant of probate is often required to administer a deceaseds estate, it is not always necessary. What you should know When to apply for a grant of administration When someone dies, their property must be dealt with. The information on this website is provided for general information purposes only and is not meant as legal or other professional advice. The package also includes a link to all applicable court forms required for your application. We let you know if you need probate, at no cost. (They can benefit as beneficiaries of the will but not as executors, except for a compensation fee.). However, there are circumstances where probate will almost always be required. any assets the deceased owned jointly with other persons who are not the deceaseds spouse or adult interdependent partner. This allows people to sell a home quickly, learn more about the risk of joint tenancy here. Calgary, One of the important oversight roles of the Court is to ensure all persons entitled to receive notice of the application have been served with notice. Legal Resource Centre of Alberta If you pass away without a Will, a grant of administration is nearly always required, and the application for such a grant is typically more complex than a probate application. Your estate lawyer can help you determine whether a Grant of Probate in Alberta is required. The funeral home will submit the application to the Alberta government. The term Limited: refers to the fact that the order is limited to specific assets. When you send form PA1P to HMCTS, you will need to include: The original will (and codicils, if any). The applicant must include here any renunciations, nominations, bonds (for applicants residing outside of Alberta), and consents of beneficiaries to proceeding without a bond. Top 10 Reasons to Get a Severance Package Reviewed by an Employment Lawyer. Estate lawyers work with probate documents regularly and are able to ensure the application proceeds smoothly. You must serve the trustee, not the represented adult. The Public Trustee does not get involved in private disputes regarding estate administration. T2W 4X9. Contact us today to schedule an appointment. The views expressed in this article are those of the author and do not necessarily reflect the views of LawNow or the Centre for Public Legal Education Alberta. Contact information for executor and lawyer. Shelly Chamaschuk is a partner at Reynolds Mirth Richards & Farmer LLP in Edmonton, Alberta. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. Interested parties include any persons with potential claims against the estate such as a spouse or adult interdependent partner who is not receiving all of the deceaseds estate, children under the age of 18, or adult children unable to earn a livelihood due to disability. Many Executors wonder whether they can avoid hiring a lawyer by applying for the necessary Grant themselves. Letters of Administration issue. These fillable forms are for legal professionals and people who are representing themselves under the Surrogate Rules in the Court of King's Bench dealing with matters of: Fillable PDF forms do not open properly on some mobile devices and web browsers. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). A notarized copy or a photocopy is unacceptable. Download forms for applying to the Court of Kings Bench dealing with non-contentious surrogate matters. Form NC 9 Affidavit of Handwriting of Deceased 59 3. For example, a house requires monthly expenses, proper ongoing attention, repairs, maintenance, etc. When people refer to probate or probating a will, they are likely referring to obtaining a grant of probate. Essentially, the order is used for the preservation or property or converting property into another form (for example, money) which is more easily managed. Legal Information for Senior AlbertansLearn how to identify, prevent, and deal with Elder Abuse. We'll gladly discuss your case with you at your convenience. We also have an Edmonton office to help people there. Now, the Form GA1 sets out many of these roles, responsibilities, and duties of the personal representative, and the applicant must acknowledge and undertake to perform them. The Alberta probate forms, required by the Surrogate Rules, to apply for a Grant of Probate are: The Alberta probate forms are also required to apply for a Grant of Administration, if a will exists. The forms required for a Grant of Administration when there is no will are slightly different. Most applicants will have to prepare and submit to the Court the following GA forms to get a grant: Below is a more detailed description of these forms. The forms required for a Grant of Administration when there is no Will are slightly different. To best assist you, we offer free consultations regarding probate, Limited Grants of Probate and determining if you require this process at all. Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. The personal representative or executor of the estate should advise the funeral home that the deceased is unlikely to have sufficient funds to pay for the funeral. They must also attach any other documents referred to in the will (such as a matrimonial property settlement agreement, or a list directing the distribution of personal items). The deceased persons bank may consider advancing funds from a deceased persons bank account directly to the funeral home for funeral costs. When a person dies intestate, or without a Will, the person with priority according to law must apply for a grant of administration to disperse the estate. Upon receiving the grant, the applicant must serve interested parties with a notice saying the Court has issued the grant. The surviving spouse or adult independent partner of the deceased, The children of the deceased, when there is no surviving spouse or adult independent partner, or if they are unwilling or unable to act, The grandchildren of the deceased, when there are no children, or if the children are unwilling or unable to act, Other lineal (blood) descendants of the deceased. lx\#l[4IrP3S7jlV("SBl&)xN7BmwdMi#^bh^&E4e2jiU !t{Cw& a non-residuary beneficiary (a person receiving a specific gift), a residuary beneficiary (a person receiving part of the residue of the estate), a beneficiary on intestacy where there is no will, a family member with a potential claim against the estate (for example, a spouse, adult interdependent adult, former spouse, former adult interdependent adult, minor child, adult child who is unable to earn a livelihood due to a disability). acknowledging they must carry out the core tasks of a personal representative, which are: identifying the estate assets and liabilities, satisfying the debts and obligations of the estate, distributing and accounting for the administration of the estate, in agreement with the deceaseds intentions as set out in the will/codicil (if there is one), with the care, diligence, and skill that a person of ordinary prudence would exercise in comparable circumstances where a fiduciary relationship exists, give proper notice of the application to those entitled to receive notice and serve the Form GA2 Inventory on those entitled to receive it, if the value of any asset or debt is to be determined, serve an amended Form GA2 Inventory on those persons entitled to receive one when updated information is available, acknowledge they must distribute the estate as soon as practicable, acknowledge they will get a signed Form GA20 from any trustee before distributing property to that trustee, undertake to notify all beneficiaries and persons with potential claims against the estate who were identified in the application by providing them with notice when the Court issues the grant, agree to faithfully administer the deceaseds estate according to law and give a true accounting of their administration to the persons entitled to it when lawfully required, the deceaseds assets located within Alberta as well as those assets located outside Alberta, and. Due to the technical nature of the process, many people opt to have a lawyer complete the process for them. It also confirms the validity and legitimacy of the deceaseds Last Will. In Form GA2, the applicant must now list: This is a list of assets located within or outside Alberta, such as land, bank accounts, investment accounts, shares in companies, annuities, life insurance, household goods, and personal effects. Have your lawyer submit the application to the court. Grant of Probate Forms If there is no dispute over the will, the personal representative must file a number of non-contentious (NC) documents. The Surrogate Rules of Court set out many of the rules that personal representatives must follow and the forms they must complete when applying to the Court of Queens Bench in Alberta for a grant of probate [Read more] Questions about the capacity of a person to write a will, or the validity of a current will are legal matters that the Public Trustee cannot assist with. If you require specific legal advice on any issue please consult a lawyer. The executor or administrator of the estate then begins managing and distributing the assets. endstream endobj 35 0 obj <>stream click here to watch our video on probate and probate lawyers. If someone claims to be administering the estate, they will have documentation verifying thisusually a grant or will. You will NOT receive a reply on your feedback. Self-represented applicants are not required to use this form. Applying for a grant of probate is a relatively simple process. Not @$ ( We meet with you at no charge to determine if the estate you seek to manage actually requires probating. Below is a list of commonly used forms. Risks exist to avoiding probate this way (learn more about the risk of joint tenancy here), so we recommend legal advice and using caution if contemplating this step. To get answers to questions, use Alberta Connects. Finally, we manage the application process for you. This review may take a week or more so the personal representative should ensure that the documents are submitted well in advance of any closing date. Priority, according to the Surrogate Rules, is to the family of the deceased in the following order: In Alberta, the Grant of Administration cannot be given to more than three people at once, except by court order. If you have concerns about how a personal representative is administering an estate, you may want to speak with a lawyer to learn more about your rights and what you can do to ensure your interests are protected. 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. The Alberta probate forms, required by the Surrogate Rules, to apply for a Grant of Probate are: Form NC 1. You may wish to contact a lawyer to provide assistance with determining if a grant is required. Landlords may wish to contact a lawyer to discuss their responsibilities when dealing with the property of a deceased tenant if no one steps forward to administer their estate. #1200, 10201 Southport Rd SW endstream endobj startxref Kahane Law in Calgary helps people with estates regularly. Banks and other institutions sometimes require a Grant of Probate before they will release assets to a personal representative. The fees for a Grant of Administration are the same as the fees for a Grant of Probate. It also lists any persons with potential claims against the estate, such as a spouse or adult interdependent partner who is not receiving all of the deceaseds estate, children under the age of 18, adult children unable to earn a livelihood due to disability, or missing persons. Filed Under: Estate Planning Tagged With: estate, grant of administration, grant of probate, surrogate court, surrogate forms. Experienced probate attorneys will know which probate forms and probate fees are required in Alberta, even under unique circumstances. By receiving professional guidance, executors reduce the risk of having their probate applications rejected due to lack of information. This can save time, frustration, law suits and money. There is a will, but the appointed personal representative has died, or is otherwise unwilling or unable to take on the responsibilities. Nevertheless, many commonly held beliefs about probate are half-truths or even untrue altogether. COVID-19: Can Employers legally require their employees to be vaccinated? Effective June 15, 2022, the Court no longer accepts grant applications submitted using the NC forms. When to Apply for a Grant of Probate in Alberta If the deceased person lived in Alberta or had certain assets in Alberta, you will likely need to apply for probate in Alberta. Limited Grants of Probate help ensure this process moves quickly to allow you to move forward with the estate more quickly and easily. Ideally, we help relieve you of some of the legal and logistical parts of managing that loved ones estate. A personal representative who chooses to administer an estate must satisfy the debts and obligations of the estate if the estate has funds to do so. Without a complete picture of the estate in question, its impossible to provide a definitive answer as to whether probate will be required. Fill it in and save it. In the case of a bankrupt estate, the court may appoint a creditor of the estate. When a personwrites theirwill, they usually choose someone to be their personal representative the executor. Please note that no specific time frame exists for this process to start. We'll gladly discuss your case with you at your convenience. Information provided was current as of publication date of issue . the estate is solvent there are more assets than debts, no other person with a prior right to administer the estate is able and willing to administer the estate, a represented adult client of the Public Trustee, deal with urgent issues first, like the care of pets or livestock, make burial arrangements if they have not already been made, locate and take control of the persons assets, like bank accounts and property, keep sentimental items, like photographs, war medals and diplomas, for the family, whenever possible, pay debts, including funeral costs and file income tax returns, you are entitled to receive money or other assets froman estate administered by the Public Trustee, provide us with the file number, if you have it. Whether or not you decide to administer an estate depends on the property and debts in the estate. Below is a list of commonly used forms. Whats the Difference Between Civil, Family & Criminal Law? Save my name, email, and website in this browser for the next time I comment. If your estate is non-contentious no one is challenging it the forms are available online. You can also order the forms from the Alberta Queens Printer (or call 780-427-4952). Our free consultation allows you definitely know the answer to the Probate vs. Further information on this service and locations can be found on the Court and Justice Services (CJS) website. In these situations, on completion of the sale, the sale proceeds sit in the estates bank account and wait for the final probate order. The GA forms are fillable PDF forms that you can download and save. Administering an estate is a legal matter. If you need to reach us please call 780-451-8764 (you will have to leave a message) or email. WebThere have also been some changes to the probate forms, such as form P10. Members of the Law Society filing grant applications other Until the court issues this order, no person has the legal right to make decisions for the estate. Read more about when Probate is necessary in Alberta here. There are 49 (yes, 49) different NC Forms that may comprise a Probate Application or an Application for a Grant of Administration. show us vital statistic documents to confirm kinship, such as your birth or baptismal certificate,that has your: give us your social insurance number for tax purposes, be patient; it takes time to properly administer an estate. The term probate has little meaning for people until they manage the estate of a loved one. This gives a legal right to a person to make those decisions. The Centre for Public Legal Education respectfully acknowledges that we are located across Treaty 4, 6, 7, 8 and 10 territories, and respects the histories, languages, and cultures of First Nations, Mtis, Inuit, and all First Peoples of Canada, whose presence continues to enrich our vibrant community. A persons personal residence is the asset that most frequently benefits from Limited Grants of Probate. This allows people to sell a home quickly. At times this happens under the direction of the courts. Important To Note: Since the use of Limited Grants, the risky practice of trying to avoid probate is less useful. Getting a Grant of Probate or Administration, Order Free Print Copies of our Legal Resources, COVID-19: Information for Alberta Landlords and Tenants, 10 Rights atWork You Probably Didn't Know You Have in Alberta, Renting 101: A Guide to Renting in Alberta, 11 Alberta Workplace Rights Most People Think They Have but Don't. A person entitled to a Grant of Administration may nominate someone else to be the administrator. You may wish to contact a lawyer to provide MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. The following people must receive this form: The applicant must provide notice of the application to the Public Trustee in certain circumstances. You may want to discuss these questions with a lawyer. A deceased persons property may fall inside the estate or outside the estate. " ):;JUqpA=15$y@DQ),}{?+8gE,oI\/TE86:HDf=\/DbE(4RMmQWlX,_El=T36)=yQMvM %,Vd342&FWnyNss{%Ch]`UU`d^&m;z 'w_o;7242Tm,m>dalG]"x'EQqyl$14M|p4E#2uI.Yk=0[h~2Pa=kDa60|sP/fH& :".bYibX %mX(AhM[7#20m NozNb447u@X{:RJv-$B^TF`8HW+xoiNtVdn:TE{aqa{A+wh4 [s Iw7NX+0JZ:C{{tS2qD"y Form GA1 Grant Application Form GA2 Inventory Form GA3 Notice to Beneficiaries and Other Interested Parties Form GA4 Notice to Public Trustee (if there are These include when there is a minor child interested in the estate, a missing beneficiary, or the Public Trustee is the trustee for a beneficiary of the estate. WebForms Civil Forms Assistance with Preparing Court Forms Court forms information coordinators are available to assist with locating court forms and providing information on when to use them and how to fill them out. If you have any questions about how your probate application might be impacted, you can reach out to the probate registry or a lawyer. Successfully obtaining the grant gives the administrator the same power as an executor. You may wish to contact a lawyer if you have any questions about estate debts. Getting a Grant of Probate and Administration in Alberta, Form GA3 Notice to Beneficiaries and Other Interested Parties, Form GA4 Notice to Public Trustee (if there are minors or disabled adults interested in the estate), believing the deceased made the original will/codicil submitted, not knowing of any later wills or codicils, acknowledging they have reviewed the Schedule of core tasks of a personal representative listed in the. This information is gathered in more detail in Form GA2 Inventory. To inquire about legal services, please complete our general intake form by clicking the button below: If your inquiry is unrelated to a legal matter, please email [emailprotected]. endstream endobj 31 0 obj <>stream However, the exception to this rule involves situations where these assets ownership is held jointly. Form NC 2. Hr4KI@;2_nw\mhyb(aqex`25c ?C,8Px>;dQP=NX!zOH% 0 You can apply for probate yourself online or by post. Executor of a Will: What Do You Need to Know? / L0!/A-W[ g1 The trustee is the only one who has the legal authority to: The Public Trustee must review all grant applications in Alberta where a minor is a beneficiary of an estate. Suite 625 - Southcentre Executive Tower, As soon as someone dies, his or her executor has the authority to take possession and control of the deceased person's property and do anything in relation to that property that the deceased could have done. WebGUIDE TO DRAFTING AN APPLICATION FOR PROBATE FORMS WHICH ARE REQUIRED IN AN APPLICATION An application for a grant of probate must include the following forms: . Often, the savings in maintaining the assets, paying a mortgage, utilities and insurance, more than offset this cost. One of the goals of the surrogate reform project was to simplify the forms and reduce the duplication of information required under the NC forms. Once we complete the limited grant the rest of the probate follows suit. endstream endobj 28 0 obj <>>>/Filter/Standard/Length 128/O(OFxh]/w`Q],j)/P -20/R 4/StmF/StdCF/StrF/StdCF/U(o|&=}D )/V 4>> endobj 29 0 obj <>>>/Metadata 10 0 R/Names 38 0 R/NeedsRendering true/Pages 25 0 R/Type/Catalog/ViewerPreferences<>>> endobj 30 0 obj <>stream Please contact a lawyer for assistance. hkK0JKrzY"8uDFVk7'rd4. In this part, the applicant sets out information about the will and any codicils. The additional work to allow for a fast ability to legally sell a home or deal with other assets is under $500. The new rules and forms came into effect on June 15, 2022. A Grant of Double Probate may be issued if: If there is no dispute over the will, the personal representative must file a number of NC documents when applying for probate. If youve been appointed as the Executor or Personal Representative of an Alberta Estate, you may need to apply for a Grant of Administration or a Grant of Probate. See probate fees in Alberta. The Public Trustee must consent to a transfer of land any time a minor has an interest in an estate, even if the transfer or sale of the land does not affect the gift received by the minor. hbbd``b`jASUbiXA@&Fu@#n?_ Property outside the estate transfers directly to another person without estate administration. The executor appointed in the will cannot complete the administration of the estate and the alternate executor named in the will needs authorization to take over. The people with the right to make funeral arrangements and deal with a deceased persons remains are: The Funeral Services General Regulations provides a priority list of who has the authority to make funeral arrangements. There is now one consolidated notice form for all beneficiaries and other interested parties. endstream endobj 3060 0 obj <>stream In the Calgary area, please call us at 403-225-8810. Then the appropriate Priority is usually given to Alberta residents, except for spouses and adult interdependent partners. The applicant must serve Form GA2 Inventory on the residuary beneficiaries (as part of Form GA3 Notice) and must file it with the Court when they file Form GA5 Affidavit of Service. There is no hard-and-fast rule that determines when obtaining a grant of probate is necessary. 3058 0 obj <>stream The form requires the applicant to include the will/codicil, affidavit of witness to a will/codicil, and any relevant court orders, renunciations, nominations, bonds, etc. Jiz39=uC2! qapg[NmJ3VmQ*7NBD`g,H:]B\yqtXNnf @FOu&^;90=+ qufJfEZe{Oe6Ys "N]aL)uGYa Xjd'| Depending on the circumstances, jointly owned assets may form part of the deceaseds estate or may pass outside of the deceaseds estate by right of survivorship to the surviving joint owner. The applicant must also indicate the net value of the deceaseds estate in Alberta. We typically address the topic of probate during our estate planning consultations. Because the testator (the person who created the will) appoints the personal representative in the will, the personal representative does not have to wait to receive the grant before beginning to manage the estate. A Grant of Probate must be obtained by the personal representative to prove that the will is valid in certain cases. In general, you must apply for probate if the estate includes real estate and/or large bank accounts not held in joint interest, but there are many other situations in which a Grant of Probate document may be required. Unless extreme time sensitivity exists, a few days or weeks often cause no problematic issues for the estate. The Surrogate Court is the court responsible for the probating of estates. Obtain certified copies of the grant. With some assets, selling the asset quickly is in the best interest of the estate. If it is issued from a court of a jurisdiction other than Alberta, it must be resealed by the Court of - s Bench. The package would be suitable for citizens who wish to file these applications themselves when an application is not complex in nature. Office of the Public Guardian and Trustee (OPGT), Making financial decisions for those who are not able to, Alternate personal decision-making options for adults, Examination and approval of trusteeship accounts. 36 0 obj <>/Encrypt 28 0 R/Filter/FlateDecode/ID[<4F7B3FA3AB17DD4D919CE4D48CA4A2A6>]/Index[27 18]/Info 26 0 R/Length 60/Prev 169773/Root 29 0 R/Size 45/Type/XRef/W[1 2 1]>>stream Unfortunately, those needing to deal with probate, do so at a time when they face the emotional challenges of losing someone they cared about. The Public Trustee will review the submitted documents and respond to the personal representative. %PDF-1.7 % Whereas a Grant of Probate is issued when an executor/executrix is appointed in a will, a Grant of Administration is issued: (Note: the term personal representative is the current legal term used to refer to an executor/executrix, administrator/administratix, and judicial trustee.). The registry contains information about who to contact regarding locating the will. There are no beneficiary designations on financial accounts. ?YHD!7* UkhTKZc77FS,Th-b'&mLZ0mq7}z@q|BcP=O#Uq3?(siNB}:)A1k BNz&$PY&xmJO2$U0!y@M2A 2WxXJ/?cb@#4pc'HC76b9JC:xu:5i N}(&!u7>|;\Rjm0gbex5Zkw'@k4y56?oNa^t>KfoBtx-6#uQE"Kz * Do NOT include personal information. Get the help you need today. If you do not have a lawyer, contact the Law Society of Albertas Lawyer Referral Service. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. This article provides a brief overview of the important changes. an estates lawyer will guide you towards the best option. Personal Representative (Executor): Should I Take the Job? These include homes, land, bank accounts with large balances, some corporate assets, some stock or investment accounts,etc. alTlI!n^.ww_j83n`!1 &Vz958)0K.PQP_Rb ^1c The Public Trustee will consider getting involved only if: The Public Trustee does not become involved in family disputes or provide legal advice. MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. This inquiry call to us is free of charge. All fields are required unless otherwise indicated. Download forms for applying to the Court of Kings Bench dealing with non-contentious surrogate matters. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). Typically, a grant of probate is obtained for estates where a valid will exists that appoints a willing and able personal representative. This Weeks Wacky Wednesday: Is Happy the Elephant a Person? The Public Trustee cannot arrange for someone to be reimbursed for funeral expenses, unless the Public Trustee is administering the estate. When there is no evidence of a will, and a person or persons wish to take on the responsibilities of administering the estate, they must first conduct a thorough search to ensure that is the case and, if so, they can apply for a Grant of Administration. Members of the Law Society filing grant applications other than probate must include a GA1 Submission Eligibility Form (PDF, 35 KB) with each application indicating why it is not eligible to be processed through the SDS. Some assets frequently cause more stress and work to deal with through the estate administration process. Applying for a Grant of Probate can only be done if a personal representative has been named in a will. Affidavit by the executor. However, a general rule of thumb is that, if you pass away leaving assets in your sole name and without a named beneficiary, your Executor will likely need to obtain a grant of probate in order to distribute your assets, regardless of whether you died leaving a Will. If you need help, there are places to get support in preparing court forms by: Contains general information on the process to administer the estate of a deceased person, including information about the forms necessary to apply to the Court of Kingss Bench for a Grant of Probate or Grant of Administration. The forms used before June 15th were called NC (Non-contentious) forms. To get answers to questions, use Alberta Connects. The application should be made as soon as possible after the person's death while allowing time to collect all the required information and ensure the forms are filled out correctly. But many applicants are not aware of these. >kp gos|Wkp0G1sv03{8c:u5zyV4?P^CDSA\}-P,`U?u4E.oGDmRTFK!hg$j;||IzIX7-7"E2JW6"Z5[C9,ILpa_+sz7%bM +{3s#.G/P)ivj}83!uwS}Gu3 ] 6 'F>;QX[ie\6W.o82k6]#^QW5[/R s,/~zf;]V Limited Grants of Probate allow for a faster process to sell these assets. It has five parts: The applicant must provide the full legal name (and other names known by), date of birth and date of death, and last address of the deceased. Where no will exists, or there is a will but the appointed personal representative is deceased, unable or unwilling to act, a person wishing to administer the estate may apply for a grant of administration. Once you retain a lawyer for probate, most of the work for the Limited Grant of Probate is included in that cost. The applicant must list all debts and expenses of the deceased as of the date of death. If you do not have a lawyer, contact the Law Society of Albertas Lawyer Referral Service. The address for w Certain assets in an estate always require probating. Looking for articles like this one to be delivered right to your inbox? This can be cheaper than paying a probate practitioner (such as a solicitor) to apply for you. In situations where the sale of the estates real property already occurred, a limited grant application helps! While technically yes, in reality not all estates require probate. h;@{= N,QQe.M043M&t NyFJ.D& CmR&z~GG_,"t>(~K9nEII d@iB` a|O\-x (^v1 Learn about the risks of attempting to avoid probate. This is a new form and requirement. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). The applicant must list the jointly owned assets to the best of their ability using the information available to them. You must: fill out the appropriate application forms, which are known as the surrogate forms publish a notice in the newspaper for those with potential claims against the estate She is the firms Wills, Estates & Trusts Team Lead, helping businesses, family enterprises, and individuals meet their legal needs, now and for the future. Fees may change without notice. Tally the assets within and outside Alberta separately. The order of service and filing has changed to bring the surrogate process in line with all other court filing processes. If there is no will or if the will does not name a personal representative, an individual or corporation can be selected to apply for a Grant of Administration. The information in this article was correct at time of publishing. Forms to apply for a grant of probate can be found online or you may wish to have a lawyer assist you. Criminal & Family Law: How Do They Intersect? WebApply for probate. LawNow is a registered trademark in Canada. At West Legal, we take a People First approach. endstream endobj 33 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 34 0 obj <>stream pleting the Specialized Forms for an 6 Com Application for Probate 57 1.orm NC 6.1 Acknowledgment of Trustees F 57 2. hVYoF+h#p>$1r%@KkE You may want to contact a lawyer to discuss specific questions or receive assistance with the administration process. While you dont have to retain a lawyers services when applying for a grant of probate or a grant of administration, it is highly recommended. 44 0 obj <>stream The grant provides official confirmation of a personal representative, protecting these kinds of third-party organizations. The list of jointly owned assets may not be complete because the applicant may not be legally entitled to all the required information about the asset. As such, the Estate Planning Lawyers at West Legal dont believe in avoiding probate at all costs. Employer Obligations on Federal Election Day 2021. Call 403-225-8810 today. The application When a person dies without a will (intestate). %%EOF A grant of probate is a document signed by a Justice of the Court of Queens Bench of Alberta, that confirms the validity of a deceaseds last Will and affirms the Executors authority to distribute the deceaseds assets pursuant to that Will. If beneficiaries are found later, they can still get their money. Simple estates, estates with minimal assets and estates where all assets are held with a surviving spouse in joint names may not require probate. You can find the GA forms on the Alberta Queens Printer website (for purchase) and the Government of Alberta website (for free). These forms are replaced by new forms called GA (Grant Application) forms. This form is a compilation of the information found in a number of NC forms. |`e. Government of Alberta Subject Members of the public, or their lawyers complete this form to notify beneficiaries and other parties with an interest in the deceased's estate that they are We respect that the loss of a loved one is hard on everyone. You can also contact the Court of Kings Bench closest to where the deceased lived before they died to ask if any grants have been issued for the deceased persons estate if the person is not willing to share the document with you. This is particularly important if the estate is contentious or complicated. Personal Representative (Executor): Should I Take the Job? if the transfer or sale of the land affects the gift received by the minor, then the personal representative must also provide a recent certified appraisal regarding the market value of the property. Are no surviving joint owners on the latest news and upcoming events at.... Benefit as beneficiaries of the date of issue not provide assistance with determining if a personal has... 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