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]. hL Our office is closed to the public until further notice as a result of the Covid-19 pandemic. The information on this website is provided for general information purposes only and is not meant as legal or other professional advice. 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). 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. 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. Applying for the Grant of Probate in Alberta Once all the information has been collected, the probate forms must be completed. Further information on this service and locations can be found on the Court and Justice Services (CJS) website. Have your lawyer submit the application to the court. h240Q0P040U02T+-( For example, assets that a quick probate order assists with include: The process for Limited Grants of Probate closely resembles the actual probate process. You may wish to contact a lawyer if you have any questions about estate debts. ptD.{\T*"^m0:"lEZf+q) %"{\w>>UP5M[U/>DpdRf_64a$)[S?a'-"oy^c/EpHH[PJ(aoOkE,%oy#7-MA 7,]lk3W!vcer=71Ld= The term probate has little meaning for people until they manage the estate of a loved one. The executor or administrator of the estate then begins managing and distributing the assets. With offices in Calgary and Edmonton, we help you at at time when emotions and stress make things harder. This allows people to sell a home quickly, learn more about the risk of joint tenancy here. This Weeks Wacky Wednesday: Is Happy the Elephant a Person? 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. Lastly, if you want more information you can watch and learn from, click here to watch our video on probate and probate lawyers. This occurs most frequently but is not limited to estates involving real estate, investments or corporations. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). a43Y+ eRa .?x8!'0mt }cGQ]\? 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. In an effort to modernize and simplify the process for getting a grant, Alberta amended these Surrogate Rules and simplified the forms. 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. 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 Another important change is that Form GA2 Inventory is no longer part of the primary application (Form GA1). Ideally, we help relieve you of some of the legal and logistical parts of managing that loved ones estate. Fees may change without notice. If you need assistance with administering an estate, please contact a lawyer. ^ WebThere have also been some changes to the probate forms, such as form P10. The probate process requires extensive paperwork which is often confusing. Forms to apply for a grant of administration can be found online or you may wish to have a lawyer assist you. The additional work to allow for a fast ability to legally sell a home or deal with other assets is under $500. 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 is a will, but the appointed personal representative has died, or is otherwise unwilling or unable to take on the responsibilities. Once you retain a lawyer for probate, most of the work for the Limited Grant of Probate is included in that cost. Stock or share portfolios in a volatile market. 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. endstream endobj 3061 0 obj <>stream The Government of Alberta sets out the forms and steps needed for these applications in the Surrogate Rules. Shelly Chamaschuk is a partner at Reynolds Mirth Richards & Farmer LLP in Edmonton, 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. COVID-19: Can Employers legally require their employees to be vaccinated? The GA forms are fillable PDF forms that you can download and save. The funeral home will submit the application to the Alberta government. 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. Learn more below or call the probate lawyers at Kahane Law Office. 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. 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. There is now one consolidated notice form for all beneficiaries and other interested parties. Contact us today to schedule an appointment. 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. 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. Top 10 Reasons to Get a Severance Package Reviewed by an Employment Lawyer. WebCan an executor of an estate in Alberta get a grant of administration? Self-represented applicants are not required to use this form. hVYoF+h#p>$1r%@KkE endstream endobj 35 0 obj <>stream 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. Booklet with detailed legal information about the different types of grants and how to apply for them in Alberta. You may be required to pay a fee for this service. 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. Do NOT include personal information. 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. We'll gladly discuss your case with you at your convenience. 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. If you live in the Edmonton area please reach us directly at (780) 571-8463. This means the Court clerks do not review the Inventory. Until the court issues this order, no person has the legal right to make decisions for the estate. Legal Information for Senior AlbertansLearn how to identify, prevent, and deal with Elder Abuse. There are 49 (yes, 49) different NC Forms that may comprise a Probate Application or an Application for a Grant of Administration. The Public Trustee cannot provide assistance with applications for a grant. 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. MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. Often, the savings in maintaining the assets, paying a mortgage, utilities and insurance, more than offset this cost. endstream endobj 3059 0 obj <>stream The Government of Alberta sets out the forms and steps needed 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. Get up-to-date on the latest news and upcoming events at CPLEA. The grant provides official confirmation of a personal representative, protecting these kinds of third-party organizations. Form NC 9 Affidavit of Handwriting of Deceased 59 3. We meet with you at no charge to determine if the estate you seek to manage actually requires probating. This is particularly important if the estate is contentious or complicated. Hr4KI@;2_nw\mhyb(aqex`25c ?C,8Px>;dQP=NX!zOH% 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. For example, the benefits of adding an adult child to the title of your home in hopes of avoiding probate may be outweighed by the risk of claims against your property from a divorce or lawsuit against your adult child. The old NC forms had different notices for different beneficiaries. 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. alTlI!n^.ww_j83n`!1 &Vz958)0K.PQP_Rb ^1c 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 probate process is not nearly as time-consuming or cost-involved as people often assume. 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). 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. You may wish to contact a lawyer to provide assistance with determining if a grant is required. 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. Whats the Difference Between Civil, Family & Criminal Law? Contact us today to schedule an appointment. In situations where the sale of the estates real property already occurred, a limited grant application helps! 0~XU!jn4+vLM#2nbd6[i 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. The Alberta probate forms, required by the Surrogate Rules, to apply for a Grant of Probate are: Form NC 1. 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 registry contains information about who to contact regarding locating the will. The OPGT charges fees to help offset the cost of settling an estate. Court and Justice Services (CJS) provides access to Court of King's Bench Surrogate forms dealing with non-contentious surrogate matters. It does not contain the original or a copy of an international will. 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.). At West Legal, we take a People First approach. When a personwrites theirwill, they usually choose someone to be their personal representative the executor. The applicant may have authority as stated in the will, or, if there is no will, as set out in the Estate Administration Act. 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. 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. You can find the GA forms on the Alberta Queens Printer website (for purchase) and the Government of Alberta website (for free). |`e. !)%*M!#'=m i&BK hkD.S]s>k{p Before June 15, 2022, the applicant only had to report assets the deceased owned that were located within Alberta. The estate of the deceased person is responsible for paying for burial and funeral expenses. EDITORS NOTE Read CPLEAs Getting a Grant of Probate and Administration in Alberta booklet to learn more about the process for getting a grant. Jiz39=uC2! qapg[NmJ3VmQ*7NBD`g,H:]B\yqtXNnf @FOu&^;90=+ qufJfEZe{Oe6Ys "N]aL)uGYa Xjd'| Read more about when Probate is necessary in Alberta here. Certain assets in an estate always require probating. There is also a new requirement that the applicant provide the Court with proof of death. With some assets, selling the asset quickly is in the best interest of the estate. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Address This form is a compilation of the information found in a number of NC forms. In addition, we advise you if using a Limited Grants of Probate best benefits the estate or not. Our lawyers help when you need it. See Probate Forms for details. There are no beneficiary designations on financial accounts. This information is gathered in more detail in Form GA2 Inventory. Criminal & Family Law: How Do They Intersect? 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. 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. We respect that the loss of a loved one is hard on everyone. Call 403-225-8810 today. 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. In these situations, on completion of the sale, the sale proceeds sit in the estates bank account and wait for the final probate order. Please contact a lawyer for assistance. The applicant must list the jointly owned assets to the best of their ability using the information available to them. Tally the assets within and outside Alberta separately. Limited Grant Of Probate Process. 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. 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. The process for Limited Grants of Probate closely resembles the actual 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. Legislationabout estates, wills and funerals: The Public Trustee as the Representative of a Deceased Persons Estate. Download forms for applying to the Court of Kings Bench dealing with non-contentious surrogate matters. Two examples of when property may fall outside the estate are: Property inside the estate is the opposite and the estate may require administration. Not every form must be used in every case. To administer the estate, the main tasks of a personal representative are to: Additional information can be found in the Estate Administration Act. 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 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. Employer Obligations on Federal Election Day 2021. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. Calgary, Legal Resource Centre of Alberta There are no surviving joint owners on the property. Wait for the court to issue a Grant of Probate. Forms may be found on the Government of Kahane Law in Calgary helps people with estates regularly. 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. The new rules and forms came into effect on June 15, 2022. Review and sign the probate application. The order of service and filing has changed to bring the surrogate process in line with all other court filing processes. 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] Forms to apply for a grant of probate can be found online or you may wish to have a lawyer assist you. 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. 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. This Weeks Wacky Wednesday: The Hawaiian Rolls That Werent, This Weeks Wacky Wednesday: Living the High Life at a Closed Restaurant. Save the PDF form to your computer click or right-click the link and download the form. The Public Trustee is not able to confirm who is administering the estate, unless the Public Trustee is administering the estate. endstream endobj 31 0 obj <>stream Upon receiving the grant, the applicant must serve interested parties with a notice saying the Court has issued the grant. Open the PDF form with Adobe Reader. Letters of Administration issue. You can apply for probate yourself online or by post. Clients often have questions about the probate process, and rightfully so. 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 The application asks the court to order definitively which is the last will of a person, who is in charge of an estate and who gets what from the estate. hbbd``b`jASUbiXA@&Fu@#n?_ We also have an Edmonton office to help people there. 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. Contact a local registry office for questions about dealing with a deceased persons vehicle. 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. It is easier for an executor to sell a home right away and not wait months for the grant of probate. 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; %%EOF LnRiLWZpZWxke21hcmdpbi1ib3R0b206MC43NmVtfS50Yi1maWVsZC0tbGVmdHt0ZXh0LWFsaWduOmxlZnR9LnRiLWZpZWxkLS1jZW50ZXJ7dGV4dC1hbGlnbjpjZW50ZXJ9LnRiLWZpZWxkLS1yaWdodHt0ZXh0LWFsaWduOnJpZ2h0fS50Yi1maWVsZF9fc2t5cGVfcHJldmlld3twYWRkaW5nOjEwcHggMjBweDtib3JkZXItcmFkaXVzOjNweDtjb2xvcjojZmZmO2JhY2tncm91bmQ6IzAwYWZlZTtkaXNwbGF5OmlubGluZS1ibG9ja311bC5nbGlkZV9fc2xpZGVze21hcmdpbjowfQ==, ICAgQG1lZGlhIG9ubHkgc2NyZWVuIGFuZCAobWF4LXdpZHRoOiA3ODFweCkgeyAgICAgfSBAbWVkaWEgb25seSBzY3JlZW4gYW5kIChtYXgtd2lkdGg6IDU5OXB4KSB7ICAgICB9IA==. 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). 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. However, family should come first. However, there are circumstances where probate will almost always be required. Probate is granted only after the courts receive all of the information necessary to declare that the will is valid. Anything that deals with time sensitive assets, assets that rapidly depreciate or require a lot of work or money to maintain and more. [F'SP))xxIm-Ng*wj)9L!wpkw#&p|[[||S{@p~: 0 h;@{= N,QQe.M043M&t NyFJ.D& CmR&z~GG_,"t>(~K9nEII d@iB` a|O\-x (^v1 In the case of a bankrupt estate, the court may appoint a creditor of the estate. 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. 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. endstream endobj startxref Applying for a grant of probate is a relatively simple 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. What you should know When to apply for a grant of administration When someone dies, their property must be dealt with. If it is issued from a court of a jurisdiction other than Alberta, it must be resealed by the Court of - s Bench. 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]. The fees for a Grant of Administration are the same as the fees for a Grant of Probate. 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. 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. Looking for articles like this one to be delivered right to your inbox? Simple estates, estates with minimal assets and estates where all assets are held with a surviving spouse in joint names may not require probate. We typically address the topic of probate during our estate planning consultations. Many Executors wonder whether they can avoid hiring a lawyer by applying for the necessary Grant themselves. Many people call us before a funeral happens. The Public Trustee will consider getting involved only if: The Public Trustee does not become involved in family disputes or provide legal advice. The package also includes a link to all applicable court forms required for your application. 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. Suite 625 - Southcentre Executive Tower, There is no hard-and-fast rule that determines when obtaining a grant of probate is necessary. 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. 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. The Public Trustee will not act to clear a deceased persons property unless the Public Trustee is administering the estate. You may wish to contact a lawyer to provide Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). Get the help you need today. Of course, people must prioritize attending to and protecting the estates assets. 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. For example, a house requires monthly expenses, proper ongoing attention, repairs, maintenance, etc. 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. In this situation, the court issue a Grant of Administration with Will Annexed, appointing a personal representative to administer the estate. Of Alberta filing grant applications for probate, most of the estates real property already,. 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