>kp gos|Wkp0G1sv03{8c:u5zyV4?P^CDSA\}-P,`U?u4E.oGDmRTFK!hg$j;||IzIX7-7"E2JW6"Z5[C9,ILpa_+sz7%bM +{3s#.G/P)ivj}83!uwS}Gu3 ] 6 'F>;QX[ie\6W.o82k6]#^QW5[/R s,/~zf;]V When a person dies intestate, or without a Will, the person with priority according to law must apply for a grant of administration to disperse the estate. Once we complete the limited grant the rest of the probate follows suit. The personal representative must provide the following to the OPGT office: The Public Trustee will review the submitted documents and respond to the court. The applicant must serve Form GA2 Inventory on the residuary beneficiaries (as part of Form GA3 Notice) and must file it with the Court when they file Form GA5 Affidavit of Service. To get answers to questions, use Alberta Connects. The information collected here is about the applicants and their right and priority to apply for the grant. Fees may change without notice. A personal representative who chooses to administer an estate must satisfy the debts and obligations of the estate if the estate has funds to do so. Open the PDF form with Adobe Reader. 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. Below is a list of commonly used forms. Property outside the estate transfers directly to another person without estate administration. ptD.{\T*"^m0:"lEZf+q) %"{\w>>UP5M[U/>DpdRf_64a$)[S?a'-"oy^c/EpHH[PJ(aoOkE,%oy#7-MA 7,]lk3W!vcer=71Ld= (They can benefit as beneficiaries of the will but not as executors, except for a compensation fee.). This occurs most frequently but is not limited to estates involving real estate, investments or corporations. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. 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. Web2. However, family should come first. Contact us today to schedule an appointment. Hr4KI@;2_nw\mhyb(aqex`25c ?C,8Px>;dQP=NX!zOH% 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. 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. 0 Limited Grant Of Probate Process. +,/vXF(f7k~{ The old NC forms had different notices for different beneficiaries. To get answers to questions, use Alberta Connects. 0~XU!jn4+vLM#2nbd6[i 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 If worried, please call for direction. click here to watch our video on probate and probate lawyers. With offices in Calgary and Edmonton, we help you at at time when emotions and stress make things harder. The address for w 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). When a person dies without a will (intestate). If you require specific legal advice on any issue please consult a lawyer. Calgary, Personal Representative (Executor): Should I Take the Job? The Court accepted applications submitted prior to June 15, 2022 using the old NC forms. A notarized copy or a photocopy is unacceptable. 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. At times this happens under the direction of the courts. Estates with nominal assets usually do not. Many Executors wonder whether they can avoid hiring a lawyer by applying for the necessary Grant themselves. %PDF-1.6 % The Government of Alberta sets out the forms and steps needed 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. Please contact a lawyer for assistance. 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 There is a will, but the appointed personal representative has died, or is otherwise unwilling or unable to take on the responsibilities. If you need assistance with administering an estate, please contact a lawyer. Our office is closed to the public until further notice as a result of the Covid-19 pandemic. The applicant must list all debts and expenses of the deceased as of the date of death. endstream endobj startxref Effective June 15, 2022, the Court no longer accepts grant applications submitted using the NC 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. 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). 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. 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. You must serve the trustee, not the represented adult. 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. The process for Limited Grants of Probate closely resembles the actual probate process. Anything that deals with time sensitive assets, assets that rapidly depreciate or require a lot of work or money to maintain and more. ?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 Surrogate Court is the court responsible for the probating of estates. 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. 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. Administering an estate is a legal matter. We'll gladly discuss your case with you at your convenience. Our lawyers help when you need it. endstream endobj 3059 0 obj <>stream Contact a lawyer if you need assistance determining whether you should administer an estate. The following people must receive this form: The applicant must provide notice of the application to the Public Trustee in certain circumstances. Save my name, email, and website in this browser for the next time I comment. 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. alTlI!n^.ww_j83n`!1 &Vz958)0K.PQP_Rb ^1c #1200, 10201 Southport Rd SW Typically, a grant of probate is obtained for estates where a valid will exists that appoints a willing and able personal representative. 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. Clients often have questions about the probate process, and rightfully so. The estate of the deceased person is responsible for paying for burial and funeral expenses. The Court will not issue a grant until it has received a filed Form GA5 Affidavit of Service for each interested party. Executor of a Will: What Do You Need to Know? However, the exception to this rule involves situations where these assets ownership is held jointly. You will NOT receive a reply on your feedback. 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. 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. 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. It is easier for an executor to sell a home right away and not wait months for the grant of probate. 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 Alberta probate forms, required by the Surrogate Rules, to apply for a Grant of Probate are: Form NC 1. Filed Under: Estate Planning Tagged With: estate, grant of administration, grant of probate, surrogate court, surrogate forms. 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. Contact us today to schedule an appointment. 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. How Has COVID-19 Affected The Legal World in Alberta. Download forms for applying to the Court of Kings Bench dealing with non-contentious surrogate matters. 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 31 0 obj <>stream These forms are replaced by new forms called GA (Grant Application) forms. The information in this article was correct at time of publishing. an estates lawyer will guide you towards the best option. 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]. To best assist you, we offer free consultations regarding probate, Limited Grants of Probate and determining if you require this process at all. 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] EDITORS NOTE Read CPLEAs Getting a Grant of Probate and Administration in Alberta booklet to learn more about the process for getting a grant. GA3 Notice to Beneficiaries and Other Interested Parties (CTS12966), GA4 Notice to the Public Trustee (CTS12967), GA8 Affidavit of Witness to a Will (CTS12971), GA9 Affidavit of Handwriting (CTS12972), GA10 Affidavit Verifying Translation of a Non-English Will (CTS12973), GA12 Reservation of Right to Apply for a Grant (CTS12975), GA14 Beneficiarys Consent to Waive or Reduce Bond (CTS12977), GA15 Notice to Creditors and Claimants (CTS12978), GA16 Statutory Declaration of Publication (CTS12979), GA17 Statutory Declaration by Creditors and Claimants (CTS12980), GA18 Renunciation of Trusteeship (CTS12981), MP1 Application for an Order Appointing a Trustee of a Minors Property (CTS12985), MP2 Affidavit on Application for an Order Appointing a Trustee of a Minors Property (CTS12986), MP3 Minors Consent to Appointment of Trustee (CTS12987), MP4 Notice to Parent or Guardian of Application to Appoint a Trustee of a Minors Property (CTS12988), MP5 Notice to Public Trustee of Application to Appoint a Trustee of a Minors Property (CTS12989), MP6 Response of Parent or Guardian to Application to Appoint a Trustee of a Minors Property (CTS12990), MP7 Order Appointing a Trustee of a Minors Property (CTS12991), NC 1 Application by personal representative(s) for a grant (CTS3893), NC 2 Affidavit by the personal representative(s) on application for a grant (CTS3894), NC 5 Schedule 3: Personal representative(s) (CTS3897), NC 6 Schedule 4: Beneficiaries (CTS3898), NC 6.1 Acknowledgement of Trustee(s) (CTS12274), NC 7 Schedule 5: Inventory of property and debts (CTS3900), NC 8 Affidavit of witness to a will (CTS3901), NC 9 Affidavit of handwriting of deceased (CTS3902), NC 10 Affidavit verifying translation of non-English will (CTS12276), NC 11 Affidavit of witness to signature (CTS12277), NC 12 Renunciation of probate (CTS12278), NC 12.1 Renunciation of trusteeship (CTS12603), NC 13 Reservation of right to apply for grant of probate (CTS12279), NC 14 Renunciation of administration with will annexed (CTS12280), NC 15 Renunciation of administration (CTS12281), NC 16 Nomination and consent to appointment of personal representative (CTS12282), NC 17 Affidavit to dispense with a bond (CTS12284), NC 19 Notice to beneficiaries (residuary) (CTS3915), NC 20 Notice to beneficiaries (non-residuary) (CTS3916), NC 21 Notice to beneficiaries (intestacy) (CTS3920), NC 22 Notice to spouse of deceased Matrimonial Property Act (CTS12289), NC 23 Notice to spouse/adult interdependent partner of deceased Family Maintenance and Support (CTS12293), NC 24 Notice to dependent child of the deceased Family Maintenance and Support (CTS12294), NC 24.1 Notice to the Public Trustee (CTS12295), NC 25 Affidavit regarding missing or unknown beneficiaries (CTS12296), NC 28 Application by the attorney for the personal representative(s) for a grant (CTS12299), NC 29 Affidavit by the attorney for the personal representative(s) on application for a grant (CTS12300), NC 30 Application by a personal representative for a grant of double probate (CTS12301), NC 31 Affidavit by a personal representative on application for a grant of double probate (CTS12302), NC 32 Application by the personal representative(s) for a resealing or ancillary grant (CTS12303), NC 33 Affidavit by the personal representative(s) on application for a resealing or ancillary grant (CTS12304), NC 34 Notice to Creditors and Claimants (CTS12305), NC 34.1 Statutory Declaration of Publication (CTS12306), NC 35 Statutory declaration by creditors and claimants (CTS12316), NC 43 Application for a grant of trusteeship of the estate of a minor child (CTS12317), NC 44 Affidavit on application for a grant of trusteeship of the estate of a minor child (CTS12318), NC 45 Election of a trustee by a minor (CTS12319), NC 46 Notice concerning a minor child (CTS12320), NC 46.1 Notice to Public Trustee of application to appoint a trustee of a minors property (CTS12604), NC 46.2 Response of Parent or Guardian to application to appoint a trustee of a minors property (CTS12605), NC 48 Order appointing a trustee of a minors property, Order a Surrogate Rules and Forms Package - A User's Guide for Grant Applications. The deceased persons bank may consider advancing funds from a deceased persons bank account directly to the funeral home for funeral costs. We respect that the loss of a loved one is hard on everyone. While technically yes, in reality not all estates require probate. We often receive calls from individuals who live in Calgary and have been appointed as the Executor of a parents Estate. [F'SP))xxIm-Ng*wj)9L!wpkw#&p|[[||S{@p~: 0 Below is a list of commonly used forms. Forms to apply for a grant of probate can be found online or you may wish to have a lawyer assist you. To administer the estate, the main tasks of a personal representative are to: Additional information can be found in the Estate Administration Act. This form is a compilation of the information found in a number of NC forms. 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. You may wish to contact a lawyer to provide Applying for a grant of probate is a relatively simple process. In situations where the sale of the estates real property already occurred, a limited grant application helps! The Public Trustee will consider getting involved only if: The Public Trustee does not become involved in family disputes or provide legal advice. 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. There is now one consolidated notice form for all beneficiaries and other interested parties. The forms used before June 15th were called NC (Non-contentious) forms. Due to the technical nature of the process, many people opt to have a lawyer complete the process for them. If you live in the Edmonton area please reach us directly at (780) 571-8463. 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. You may need to complete one of these forms to support your probate application. The Public Trustee cannot provide assistance with applications for a grant. The personal representative will need to contact the deceased persons bank to inquire. After submitting this application, the lawyer then continues with the final order. Do NOT include personal information. The executor or administrator of the estate then begins managing and distributing the assets. Upon receiving the grant, the applicant must serve interested parties with a notice saying the Court has issued the grant. We'll gladly discuss your case with you at your convenience. Essentially, the order is used for the preservation or property or converting property into another form (for example, money) which is more easily managed. The Public Trustee will not act to clear a deceased persons property unless the Public Trustee is administering the estate. In addition, it protects the person managing the estate from personal liability. The registry contains information about who to contact regarding locating the will. If your estate is non-contentious no one is challenging it the forms are available online. Its sensible for you to reach out to us or another Calgary probate lawyer, even if your loved one passed away out-of-province. The applicant must also indicate the net value of the deceaseds estate in Alberta. The law may have changed since then. Suite 625 - Southcentre Executive Tower, Read more about when Probate is necessary in Alberta here. 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. 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 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. hkK0JKrzY"8uDFVk7'rd4. 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. The package would be suitable for citizens who wish to file these applications themselves when an application is not complex in nature. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). / L0!/A-W[ g1 Probating an estate means making an application to the Surrogate Court in Alberta. 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. Wait for the court to issue a Grant of Probate. Form NC 2. The applicant must include here any renunciations, nominations, bonds (for applicants residing outside of Alberta), and consents of beneficiaries to proceeding without a bond. The ownership and transfer of a deceaseds jointly-owned assets are governed by rules that have evolved over time through the courts (common law). Shelly Chamaschuk is a partner at Reynolds Mirth Richards & Farmer LLP in Edmonton, Alberta. See Probate Forms for details. Tally the assets within and outside Alberta separately. The Public Trustee does not get involved in private disputes regarding estate administration. However, of those 49 forms, there Contact information for executor and lawyer. 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.). Another important change is that Form GA2 Inventory is no longer part of the primary application (Form GA1). wills@west-legal.ca or 403-723-0175 to get started. 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. We refer to this court order as a Grant Of Probate. The new rules and forms came into effect on June 15, 2022. When a personwrites theirwill, they usually choose someone to be their personal representative the executor. If the deceased person lived in Alberta or had certain assets in Alberta, you will likely need to apply for probate in Alberta. As such, the Estate Planning Lawyers at West Legal dont believe in avoiding probate at all costs. If you have any questions about how your probate application might be impacted, you can reach out to the probate registry or a lawyer. 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. 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. 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. When you send form PA1P to HMCTS, you will need to include: The original will (and codicils, if any). 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. 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