This Weeks Wacky Wednesday: Is Happy the Elephant a Person? Tally the assets within and outside Alberta separately. endstream endobj 33 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 34 0 obj <>stream In addition, we advise you if using a Limited Grants of Probate best benefits the estate or not. Finally, we manage the application process for you. Fees may change without notice. Whether or not you decide to administer an estate depends on the property and debts in the estate. 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. Further information on this service and locations can be found on the Court and Justice Services (CJS) website. 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. Calgary, 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. 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. Self-represented applicants are not required to use this form. 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. You can also order the forms from the Alberta Queens Printer (or call 780-427-4952). This can be cheaper than paying a probate practitioner (such as a solicitor) to apply for you. 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. Below is a list of commonly used forms. Please contact a lawyer for assistance. 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. 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. 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. 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. 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. 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. The Public Trustee does not get involved in private disputes regarding estate administration. We let you know if you need probate, at no cost. Applying for the Grant of Probate in Alberta Once all the information has been collected, the probate forms must be completed. 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 Government of Alberta sets out the forms and steps needed for these applications in the Surrogate Rules. Learn more below or call the probate lawyers at Kahane Law Office. Form NC 9 Affidavit of Handwriting of Deceased 59 3. Filed Under: Estate Planning Tagged With: estate, grant of administration, grant of probate, surrogate court, surrogate forms. ?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 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. However, in some cases, the Executors parent has passed away in a different province. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. 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. You will NOT receive a reply on your feedback. 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. Limited Grants of Probate allow for a faster process to sell these assets. Criminal & Family Law: How Do They Intersect? ^ Your estate lawyer can help you determine whether a Grant of Probate in Alberta is required. Personal Representative (Executor): Should I Take the Job? 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. To fill in and save the form: If you are still having problems opening the form, contact PDF form technical support. See probate fees in Alberta. Applying for a Grant of Probate can only be done if a personal representative has been named in a will. Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. 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. WebThe probate process in Alberta can be complicated and can take months or even years to complete. This inquiry call to us is free of charge. Contact a lawyer if you need assistance determining whether you should administer an estate. You may wish to contact a lawyer if you have any questions about authority. Personal Representative (Executor): Should I Take the Job? Wait for the court to issue a Grant of Probate. Do NOT include personal information. 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. You may want to discuss these questions with a lawyer. Contact us today to schedule an appointment. There are no beneficiary designations on financial accounts. THE CENTRE FOR PUBLIC LEGAL EDUCATION ALBERTA DOES NOT REPRESENT CLIENTS OR PROVIDE LEGAL ADVICE. 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. The term Limited: refers to the fact that the order is limited to specific assets. The Court will not issue a grant until it has received a filed Form GA5 Affidavit of Service for each interested party. The executor or administrator of the estate then begins managing and distributing the assets. 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. 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. a43Y+ eRa .?x8!'0mt }cGQ]\? 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.). 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. 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. In the Calgary area, please call us at 403-225-8810. Kahane Law in Calgary helps people with estates regularly. We'll gladly discuss your case with you at your convenience. 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. If no one else can, the public trustee will consider managing an estate if the beneficiary is a minor or represented adult. Our free consultation allows you definitely know the answer to the Probate vs. Priority is usually given to Alberta residents, except for spouses and adult interdependent partners. There are 49 (yes, 49) different NC Forms that may comprise a Probate Application or an Application for a Grant of Administration. The applicant must also indicate the net value of the deceaseds estate in Alberta. There is now one consolidated notice form for all beneficiaries and other interested parties. Acceptable documents proving death are a Death Certificate or Funeral Directors Statement of Death. Due to the technical nature of the process, many people opt to have a lawyer complete the process for them. 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. 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. Two examples of when property may fall outside the estate are: Property inside the estate is the opposite and the estate may require administration. 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. Fill it in and save it. Grant of Probate Forms If there is no dispute over the will, the personal representative must file a number of non-contentious (NC) documents. We also have an Edmonton office to help people there. All fields are required unless otherwise indicated. This article provides a brief overview of the important changes. determine if the represented adult has any other claims against the estate, accept the represented adults share of the estate, a NC24.1 form (one form for each minor who is a beneficiary). 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. Clients often have questions about the probate process, and rightfully so. Typically, a grant of probate is obtained for estates where a valid will exists that appoints a willing and able personal representative. If the deceased person lived in Alberta or had certain assets in Alberta, you will likely need to apply for probate in Alberta. The Estate Administration Act and the Surrogate Rules set out the roles and responsibilities of an applicant (personal representative of an estate). 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. Do NOT include personal information. LnRiLWZpZWxke21hcmdpbi1ib3R0b206MC43NmVtfS50Yi1maWVsZC0tbGVmdHt0ZXh0LWFsaWduOmxlZnR9LnRiLWZpZWxkLS1jZW50ZXJ7dGV4dC1hbGlnbjpjZW50ZXJ9LnRiLWZpZWxkLS1yaWdodHt0ZXh0LWFsaWduOnJpZ2h0fS50Yi1maWVsZF9fc2t5cGVfcHJldmlld3twYWRkaW5nOjEwcHggMjBweDtib3JkZXItcmFkaXVzOjNweDtjb2xvcjojZmZmO2JhY2tncm91bmQ6IzAwYWZlZTtkaXNwbGF5OmlubGluZS1ibG9ja311bC5nbGlkZV9fc2xpZGVze21hcmdpbjowfQ==, ICAgQG1lZGlhIG9ubHkgc2NyZWVuIGFuZCAobWF4LXdpZHRoOiA3ODFweCkgeyAgICAgfSBAbWVkaWEgb25seSBzY3JlZW4gYW5kIChtYXgtd2lkdGg6IDU5OXB4KSB7ICAgICB9IA==. Hr4KI@;2_nw\mhyb(aqex`25c ?C,8Px>;dQP=NX!zOH% These applications often allow people to legally sell or manage estate assets in weeks. 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 law may have changed since then. 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 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. Not With offices in Calgary and Edmonton, we help you at at time when emotions and stress make things harder. Contact us today to schedule an appointment. Estates with nominal assets usually do not. hL While a grant of probate is often required to administer a deceaseds estate, it is not always necessary. The information on this website is provided for general information purposes only and is not meant as legal or other professional advice. 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 For example, assets that a quick probate order assists with include: The process for Limited Grants of Probate closely resembles the actual probate process. 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. The Public Trustee cannot provide assistance with applications for a grant. Q?{Ga?#4vD'2jJi8ka)p"-z^wb"ft(BMbiN;Z*m&`\2ObShZ/CTLb}](%>n`3Wfb"V vX\(R ])qN^NL 51 &;|R8~n. 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. We understand that there is more to you than the legal inquiry that brought you in. 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. Have your lawyer submit the application to the court. 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. If your estate is non-contentious no one is challenging it the forms are available online. The Public Trustee will review the submitted documents and respond to the personal representative. Open the PDF form with Adobe Reader. If you require specific legal advice on any issue please consult a lawyer. If it is issued from a court of a jurisdiction other than Alberta, it must be resealed by the Court of - s Bench. 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. Executor of a Will: What Do You Need to Know? Contact a local registry office for questions about dealing with a deceased persons vehicle. At times this happens under the direction of the courts. Read more about when Probate is necessary in Alberta here. If worried, please call for direction. Legal Information for Senior AlbertansLearn how to identify, prevent, and deal with Elder Abuse. Until the court issues this order, no person has the legal right to make decisions for the estate. endstream endobj 31 0 obj <>stream lx\#l[4IrP3S7jlV("SBl&)xN7BmwdMi#^bh^&E4e2jiU !t{Cw& 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 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. %%EOF 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: . There is no hard-and-fast rule that determines when obtaining a grant of probate is necessary. 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. 44 0 obj <>stream 0 !)%*M!#'=m i&BK hkD.S]s>k{p 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. 27 0 obj <> endobj We'll gladly discuss your case with you at your convenience. Probating an estate means making an application to the Surrogate Court in Alberta. (They can benefit as beneficiaries of the will but not as executors, except for a compensation fee.). click here to watch our video on probate and probate lawyers. This Weeks Wacky Wednesday: The Hawaiian Rolls That Werent, This Weeks Wacky Wednesday: Living the High Life at a Closed Restaurant. Below is a list of commonly used forms. The applicant must list all debts and expenses of the deceased as of the date of death. endstream endobj 3062 0 obj <>stream 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. The following people must receive this form: The applicant must provide notice of the application to the Public Trustee in certain circumstances. 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. If you do not have a lawyer, contact the Law Society of Albertas Lawyer Referral Service. We refer to this court order as a Grant Of Probate. You can apply for probate yourself online or by post. 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. endstream endobj startxref Lastly, if you want more information you can watch and learn from, click here to watch our video on probate and probate lawyers. She is the firms Wills, Estates & Trusts Team Lead, helping businesses, family enterprises, and individuals meet their legal needs, now and for the future. 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. 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