11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. Criminal & Family Law: How Do They Intersect? Estates with nominal assets usually do not. See probate fees in Alberta. 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. 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. Simple estates, estates with minimal assets and estates where all assets are held with a surviving spouse in joint names may not require probate. 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. pleting the Specialized Forms for an 6 Com Application for Probate 57 1.orm NC 6.1 Acknowledgment of Trustees F 57 2. To get answers to questions, use Alberta Connects. This can be cheaper than paying a probate practitioner (such as a solicitor) to apply for you. Probate is granted only after the courts receive all of the information necessary to declare that the will is valid. Affidavit by the executor. The forms required for a Grant of Administration when there is no Will are slightly different. The term Limited: refers to the fact that the order is limited to specific assets. 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: . 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. Letters of Administration issue. 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. Our office is closed to the public until further notice as a result of the Covid-19 pandemic. 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. Property outside the estate transfers directly to another person without estate administration. Executor of a Will: What Do You Need to Know? A deceased persons property may fall inside the estate or outside the estate. hkK0JKrzY"8uDFVk7'rd4. Applying for a grant of probate is a relatively simple process. D3mbi*. The Public Trustee will consider getting involved only if: The Public Trustee does not become involved in family disputes or provide legal advice. If it is issued from a court of a jurisdiction other than Alberta, it must be resealed by the Court of - s Bench. All fields are required unless otherwise indicated. 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. If you need assistance with administering an estate, please contact a lawyer. The information collected here is about the applicants and their right and priority to apply for the grant. The Government of Alberta sets out the forms and steps needed Banks and other institutions sometimes require a Grant of Probate before they will release assets to a personal representative. 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. There are no surviving joint owners on the property. While prepared to help right away, we encourage clients to focus on family and grieving first. Fill it in and save it. Personal Representative (Executor): Should I Take the Job? 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 lawyer if you need assistance determining whether you should administer an estate. 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. 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. This occurs most frequently but is not limited to estates involving real estate, investments or corporations. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Address endstream endobj 3062 0 obj <>stream %PDF-1.6 % (They can benefit as beneficiaries of the will but not as executors, except for a compensation fee.). In these situations, on completion of the sale, the sale proceeds sit in the estates bank account and wait for the final probate order. We refer to this court order as a Grant Of Probate. Legislationabout estates, wills and funerals: The Public Trustee as the Representative of a Deceased Persons Estate. The probate process requires extensive paperwork which is often confusing. Suite 625 - Southcentre Executive Tower, Administering an estate is a legal matter. click here to watch our video on probate and probate lawyers. The Court uses the net value of the estate to calculate the court fees charged for processing and issuing the grant. 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. 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. There is now one consolidated notice form for all beneficiaries and other interested parties. We'll gladly discuss your case with you at your convenience. Call 403-225-8810 today. The funeral home will submit the application to the Alberta government. To get answers to questions, use Alberta Connects. 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. Whats the Difference Between Civil, Family & Criminal Law? There is a will, but the appointed personal representative has died, or is otherwise unwilling or unable to take on the responsibilities. 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. Below is a list of commonly used forms. Our lawyers help when you need it. 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. 0 _[- BAG uDq?QM`fj3 The term probate has little meaning for people until they manage the estate of a loved one. Alberta If you do not have a lawyer, contact the Law Society of Albertas Lawyer Referral Service. The grant allows the personal representative to legally fulfill their duties as the administrator of the estate. 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. If no one else can, the public trustee will consider managing an estate if the beneficiary is a minor or represented adult. 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. 44 0 obj <>stream 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. %%EOF Before June 15, 2022, the applicant only had to report assets the deceased owned that were located within Alberta. Top 10 Reasons to Get a Severance Package Reviewed by an Employment Lawyer. 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 is a new form and requirement. 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 lx\#l[4IrP3S7jlV("SBl&)xN7BmwdMi#^bh^&E4e2jiU !t{Cw& The information on this website is provided for general information purposes only and is not meant as legal or other professional advice. 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. The applicant may have authority as stated in the will, or, if there is no will, as set out in the Estate Administration Act. Limited Grants of Probate allow for a faster process to sell these assets. To best assist you, we offer free consultations regarding probate, Limited Grants of Probate and determining if you require this process at all. Those circumstances include estates where there is no surviving spouse as a joint tenant, where assets are in the name of the deceased only, where the estate has significant asset value, where there is no will and where the will is of dubious validity. 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. Finally, we manage the application process for you. Successfully obtaining the grant gives the administrator the same power as an executor. 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, This allows people to sell a home quickly. 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. Until the court issues this order, no person has the legal right to make decisions for the estate. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). The package also includes a link to all applicable court forms required for your application. If someone claims to be administering the estate, they will have documentation verifying thisusually a grant or will. A probate lawyer often helps ensure that this process moves smoother and quicker than when people attempt this process themselves. However, family should come first. 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. 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. Lastly, if you want more information you can watch and learn from, click here to watch our video on probate and probate lawyers. The law may have changed since then. endstream endobj 33 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 34 0 obj <>stream The forms used before June 15th were called NC (Non-contentious) forms. If there is no will or if the executor does not act, someone else, such as a family member, may go to court for authorization to settle the estate by requesting a grant of administration. Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. Limited Grants of Probate help ensure this process moves quickly to allow you to move forward with the estate more quickly and easily. Do NOT include personal information. 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. It also confirms the validity and legitimacy of the deceaseds Last Will. We let you know if you need probate, at no cost. These applications often allow people to legally sell or manage estate assets in weeks. / L0!/A-W[ g1 In this situation, the court issue a Grant of Administration with Will Annexed, appointing a personal representative to administer the estate. A person entitled to a Grant of Administration may nominate someone else to be the administrator. Get the help you need today. There is also a new requirement that the applicant provide the Court with proof of death. You can apply for probate yourself online or by post. 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. We respect that the loss of a loved one is hard on everyone. Not all estates are administered. [F'SP))xxIm-Ng*wj)9L!wpkw#&p|[[||S{@p~: 0 Many Executors wonder whether they can avoid hiring a lawyer by applying for the necessary Grant themselves. Probating an estate means making an application to the Surrogate Court in Alberta. Have your lawyer submit the application to the court. Essentially, the order is used for the preservation or property or converting property into another form (for example, money) which is more easily managed. You can find the GA forms on the Alberta Queens Printer website (for purchase) and the Government of Alberta website (for free). 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). Form PA11: Apply for power of attorney (will) 17 May 2022 Form Form PA12: Apply for power MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. Do NOT include personal information. In addition, it protects the person managing the estate from personal liability. 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. After submitting this application, the lawyer then continues with the final order. It is reasonable to request to see the document before you share information about the estate with them. 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. Form NC 9 Affidavit of Handwriting of Deceased 59 3. Once we complete the limited grant the rest of the probate follows suit. alTlI!n^.ww_j83n`!1 &Vz958)0K.PQP_Rb ^1c 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). >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 endstream endobj 35 0 obj <>stream These forms are replaced by new forms called GA (Grant Application) forms. 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. Applying for the Grant of Probate in Alberta Once all the information has been collected, the probate forms must be completed. !)%*M!#'=m i&BK hkD.S]s>k{p 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). Forms may be found on the Government of How Criminal Charges Affect Child Custody in Alberta, Alberta COVID-19 Vaccinations & the Workplace. Grant of Probate Forms If there is no dispute over the will, the personal representative must file a number of non-contentious (NC) documents. If you have any questions about how your probate application might be impacted, you can reach out to the probate registry or a lawyer. This inquiry call to us is free of charge. The Court will not issue a grant until it has received a filed Form GA5 Affidavit of Service for each interested party. 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. 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. However, of those 49 forms, there The Estate Administration Act and the Surrogate Rules set out the roles and responsibilities of an applicant (personal representative of an estate). Obtain certified copies of the grant. MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. However, in some cases, the Executors parent has passed away in a different province. 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 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). 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 Continues with the final order legal matter mergen Law LLP is committed to answering your questions all! 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