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. 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. 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. 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. Do NOT include personal information. You can find the GA forms on the Alberta Queens Printer website (for purchase) and the Government of Alberta website (for free). The Public Trustee will consider getting involved only if: The Public Trustee does not become involved in family disputes or provide legal advice. Our office is closed to the public until further notice as a result of the Covid-19 pandemic. 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 Depending on the circumstances, jointly owned assets may form part of the deceaseds estate or may pass outside of the deceaseds estate by right of survivorship to the surviving joint owner. Many Executors wonder whether they can avoid hiring a lawyer by applying for the necessary Grant themselves. Unless extreme time sensitivity exists, a few days or weeks often cause no problematic issues for the estate. @$ ( hL Obtain certified copies of the grant. Calgary, 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. 0~XU!jn4+vLM#2nbd6[i 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. Top 10 Reasons to Get a Severance Package Reviewed by an Employment Lawyer. 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. The Public Trustee does not get involved in private disputes regarding estate administration. The new rules and forms came into effect on June 15, 2022. Then the appropriate 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. With offices in Calgary and Edmonton, we help you at at time when emotions and stress make things harder. The Public Trustee is not able to confirm who is administering the estate, unless the Public Trustee is administering the estate. This allows people to sell a home quickly, learn more about the risk of joint tenancy here. Kahane Law in Calgary helps people with estates regularly. We often receive calls from individuals who live in Calgary and have been appointed as the Executor of a parents Estate. Ideally, we help relieve you of some of the legal and logistical parts of managing that loved ones estate. Review and sign the probate application. Please note that no specific time frame exists for this process to start. This information is gathered in more detail in Form GA2 Inventory. 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). Contact information for executor and lawyer. These applications often allow people to legally sell or manage estate assets in weeks. endstream endobj 31 0 obj <>stream See Probate Forms for details. MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. Once you retain a lawyer for probate, most of the work for the Limited Grant of Probate is included in that cost. The additional work to allow for a fast ability to legally sell a home or deal with other assets is under $500. The trustee is the only one who has the legal authority to: The Public Trustee must review all grant applications in Alberta where a minor is a beneficiary of an estate. To apply for a Grant of Administration you should reach out to a qualified wills and estates attorney who can help you begin the process. 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 probate process is not nearly as time-consuming or cost-involved as people often assume. The term Limited: refers to the fact that the order is limited to specific assets. 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 can also order the forms from the Alberta Queens Printer (or call 780-427-4952). 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. Probating an estate means making an application to the Surrogate Court in Alberta. Jiz39=uC2! qapg[NmJ3VmQ*7NBD`g,H:]B\yqtXNnf @FOu&^;90=+ qufJfEZe{Oe6Ys "N]aL)uGYa Xjd'| endstream endobj 3062 0 obj <>stream Stock or share portfolios in a volatile market. Get up-to-date on the latest news and upcoming events at CPLEA. The package would be suitable for citizens who wish to file these applications themselves when an application is not complex in nature. Tally the assets within and outside Alberta separately. Learn more below or call the probate lawyers at Kahane Law Office. Not 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 will review the submitted documents and respond to the personal representative. The Court will not issue a grant until it has received a filed Form GA5 Affidavit of Service for each interested party. Applying for a Grant of Probate can only be done if a personal representative has been named in a will. |`e. The executor or administrator of the estate then begins managing and distributing the assets. The deceased persons bank may consider advancing funds from a deceased persons bank account directly to the funeral home for funeral costs. There is now one consolidated notice form for all beneficiaries and other interested parties. 44 0 obj <>stream The applicant must also indicate the net value of the deceaseds estate in Alberta. a43Y+ eRa .?x8!'0mt }cGQ]\? Often, the savings in maintaining the assets, paying a mortgage, utilities and insurance, more than offset this cost. LawNow is a registered trademark in Canada. 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. Alberta 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. MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. an estates lawyer will guide you towards the best option. 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. In the case of a bankrupt estate, the court may appoint a creditor of the estate. Legal Information for Senior AlbertansLearn how to identify, prevent, and deal with Elder Abuse. 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. Contact us today to schedule an appointment. ?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 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. This part lists the names, mailing addresses and email addresses of the beneficiaries of the estate, along with a description of the gift each beneficiary is to receive. If worried, please call for direction. T2W 4X9. Below is a list of commonly used forms. You will NOT receive a reply on your feedback. 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. Acceptable documents proving death are a Death Certificate or Funeral Directors Statement of Death. It is reasonable to request to see the document before you share information about the estate with them. This article provides a brief overview of the important changes. endstream endobj 3059 0 obj <>stream You may want to discuss these questions with a lawyer. LnRiLWZpZWxke21hcmdpbi1ib3R0b206MC43NmVtfS50Yi1maWVsZC0tbGVmdHt0ZXh0LWFsaWduOmxlZnR9LnRiLWZpZWxkLS1jZW50ZXJ7dGV4dC1hbGlnbjpjZW50ZXJ9LnRiLWZpZWxkLS1yaWdodHt0ZXh0LWFsaWduOnJpZ2h0fS50Yi1maWVsZF9fc2t5cGVfcHJldmlld3twYWRkaW5nOjEwcHggMjBweDtib3JkZXItcmFkaXVzOjNweDtjb2xvcjojZmZmO2JhY2tncm91bmQ6IzAwYWZlZTtkaXNwbGF5OmlubGluZS1ibG9ja311bC5nbGlkZV9fc2xpZGVze21hcmdpbjowfQ==, ICAgQG1lZGlhIG9ubHkgc2NyZWVuIGFuZCAobWF4LXdpZHRoOiA3ODFweCkgeyAgICAgfSBAbWVkaWEgb25seSBzY3JlZW4gYW5kIChtYXgtd2lkdGg6IDU5OXB4KSB7ICAgICB9IA==. Form NC 9 Affidavit of Handwriting of Deceased 59 3. The grant allows the personal representative to legally fulfill their duties as the administrator of the estate. 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. The personal representative or executor of the estate is responsible for arranging this but family or friends may do so if there is no personal representative or executor. The Centre for Public Legal Education respectfully acknowledges that we are located on Treaty 4, 6, 7, 8 and 10 territories, the traditional lands of First Nations, Mtis, and Inuit. the estate 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. Many assets benefit from using a Limited Grants of Probate. WebThere have also been some changes to the probate forms, such as form P10. Finally, we manage the application process for you. +,/vXF(f7k~{ 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. 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. 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. 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. any assets the deceased owned jointly with other persons who are not the deceaseds spouse or adult interdependent partner. Forms to apply for a grant of administration can be found online or you may wish to have a lawyer assist you. 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). endstream endobj 33 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 34 0 obj <>stream In an effort to modernize and simplify the process for getting a grant, Alberta amended these Surrogate Rules and simplified the forms. This occurs most frequently but is not limited to estates involving real estate, investments or corporations. We typically address the topic of probate during our estate planning consultations. However, there are circumstances where probate will almost always be required. A Grant of Probate must be obtained by the personal representative to prove that the will is valid in certain cases. Upon receiving the grant, the applicant must serve interested parties with a notice saying the Court has issued the grant. 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. The OPGT charges fees to help offset the cost of settling an estate. Anything that deals with time sensitive assets, assets that rapidly depreciate or require a lot of work or money to maintain and more. 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. When a person dies without a will (intestate). Many people call us before a funeral happens. 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. Form NC 2. The Government of Alberta sets out the forms and steps needed Learn about the risks of attempting to avoid probate. We'll gladly discuss your case with you at your convenience. Read more about when Probate is necessary in Alberta here. %PDF-1.6 % Looking for articles like this one to be delivered right to your inbox? OPGT cannot provide legal advice. 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. 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. A probate lawyer often helps ensure that this process moves smoother and quicker than when people attempt this process themselves. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). 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. The address for w Limited Grant Of Probate Process. Shelly Chamaschuk is a partner at Reynolds Mirth Richards & Farmer LLP in Edmonton, Alberta. In this part, the applicant sets out information about the will and any codicils. Further information on this service and locations can be found on the Court and Justice Services (CJS) website. For example, a house requires monthly expenses, proper ongoing attention, repairs, maintenance, etc. 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. Property outside the estate transfers directly to another person without estate administration. lx\#l[4IrP3S7jlV("SBl&)xN7BmwdMi#^bh^&E4e2jiU !t{Cw& Whats the Difference Between Civil, Family & Criminal Law? The Court uses the net value of the estate to calculate the court fees charged for processing and issuing the grant. 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. Q?{Ga?#4vD'2jJi8ka)p"-z^wb"ft(BMbiN;Z*m&`\2ObShZ/CTLb}](%>n`3Wfb"V vX\(R ])qN^NL 51 &;|R8~n. To get answers to questions, use Alberta Connects. There is also a new requirement that the applicant provide the Court with proof of death. #1200, 10201 Southport Rd SW Court and Justice Services (CJS) provides access to Court of King's Bench Surrogate forms dealing with non-contentious surrogate matters. Whether or not you decide to administer an estate depends on the property and debts in the estate. Contact a lawyer if you need assistance determining whether you should administer an estate. Our lawyers help when you need it. endstream endobj 32 0 obj <>stream If it is issued from a court of a jurisdiction other than Alberta, it must be resealed by the Court of - s Bench. If beneficiaries are found later, they can still get their money. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). 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. 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