Ideally, we help relieve you of some of the legal and logistical parts of managing that loved ones estate. If your estate is non-contentious no one is challenging it the forms are available online. 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. The Estate Administration Act and the Surrogate Rules set out the roles and responsibilities of an applicant (personal representative of an estate). Call 403-225-8810 today. The information in this article was correct at time of publishing. The estate of the deceased person is responsible for paying for burial and funeral expenses. Without a complete picture of the estate in question, its impossible to provide a definitive answer as to whether probate will be required. ptD.{\T*"^m0:"lEZf+q) %"{\w>>UP5M[U/>DpdRf_64a$)[S?a'-"oy^c/EpHH[PJ(aoOkE,%oy#7-MA 7,]lk3W!vcer=71Ld= Applying for a Grant of Probate can only be done if a personal representative has been named in a will. endstream endobj 3059 0 obj <>stream 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 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). If no one else can, the public trustee will consider managing an estate if the beneficiary is a minor or represented adult. 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. We respect that the loss of a loved one is hard on everyone. The Court accepted applications submitted prior to June 15, 2022 using the old NC forms. Obtain certified copies of the grant. While prepared to help right away, we encourage clients to focus on family and grieving first. It also lists any persons with potential claims against the estate, such as a spouse or adult interdependent partner who is not receiving all of the deceaseds estate, children under the age of 18, adult children unable to earn a livelihood due to disability, or missing persons. h;@{= N,QQe.M043M&t NyFJ.D& CmR&z~GG_,"t>(~K9nEII d@iB` a|O\-x (^v1 The Public Trustee will consider getting involved only if: The Public Trustee does not become involved in family disputes or provide legal advice. You will NOT receive a reply on your feedback. Estate lawyers work with probate documents regularly and are able to ensure the application proceeds smoothly. Due to the technical nature of the process, many people opt to have a lawyer complete the process for them. 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: . Q?{Ga?#4vD'2jJi8ka)p"-z^wb"ft(BMbiN;Z*m&`\2ObShZ/CTLb}](%>n`3Wfb"V vX\(R ])qN^NL 51 &;|R8~n. 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. Suite 625 - Southcentre Executive Tower, But many applicants are not aware of these. This gives a legal right to a person to make those decisions. Successfully obtaining the grant gives the administrator the same power as an executor. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). LawNow is a registered trademark in Canada. #1200, 10201 Southport Rd SW Clients often have questions about the probate process, and rightfully so. The probate process requires extensive paperwork which is often confusing. Employer Obligations on Federal Election Day 2021. 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 package would be suitable for citizens who wish to file these applications themselves when an application is not complex in nature. WebAlways ensure that, if you live in Alberta, that you understand the process here. A Grant of Probate must be obtained by the personal representative to prove that the will is valid in certain cases. Effective June 15, 2022, the Court no longer accepts grant applications submitted using the NC forms. 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. 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. The term probate has little meaning for people until they manage the estate of a loved one. 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]. Stock or share portfolios in a volatile market. The application With some assets, selling the asset quickly is in the best interest of the estate. Not The Public Trustee is not able to confirm who is administering the estate, unless the Public Trustee is administering the estate. While technically yes, in reality not all estates require probate. If you require specific legal advice on any issue please consult a lawyer. %PDF-1.6 % In situations where the sale of the estates real property already occurred, a limited grant application helps! In this situation, the court issue a Grant of Administration with Will Annexed, appointing a personal representative to administer the estate. 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. >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 These include homes, land, bank accounts with large balances, some corporate assets, some stock or investment accounts,etc. The applicant must list the jointly owned assets to the best of their ability using the information available to them. 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 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. Legislationabout estates, wills and funerals: The Public Trustee as the Representative of a Deceased Persons Estate. There is no hard-and-fast rule that determines when obtaining a grant of probate is necessary. 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. Personal Representative (Executor): Should I Take the Job? Probating an estate means making an application to the Surrogate Court in Alberta. hVYoF+h#p>$1r%@KkE 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. The order of service and filing has changed to bring the surrogate process in line with all other court filing processes. Finally, we manage the application process for you. show us vital statistic documents to confirm kinship, such as your birth or baptismal certificate,that has your: give us your social insurance number for tax purposes, be patient; it takes time to properly administer an estate. any assets the deceased owned jointly with other persons who are not the deceaseds spouse or adult interdependent partner. If worried, please call for direction. Our lawyers help when you need it. You may wish to contact a lawyer to provide assistance with determining if a grant is required. 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. This inquiry call to us is free of charge. It is easier for an executor to sell a home right away and not wait months for the grant of probate. Fees may change without notice. Lastly, if you want more information you can watch and learn from, click here to watch our video on probate and probate lawyers. Of course, people must prioritize attending to and protecting the estates assets. However, of those 49 forms, there Do NOT include personal information. Anything that deals with time sensitive assets, assets that rapidly depreciate or require a lot of work or money to maintain and more. Getting a Grant of Probate and Administration in Alberta, Form GA3 Notice to Beneficiaries and Other Interested Parties, Form GA4 Notice to Public Trustee (if there are minors or disabled adults interested in the estate), believing the deceased made the original will/codicil submitted, not knowing of any later wills or codicils, acknowledging they have reviewed the Schedule of core tasks of a personal representative listed in the. 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. A deceased persons property may fall inside the estate or outside the estate. hkK0JKrzY"8uDFVk7'rd4. If you live in the Edmonton area please reach us directly at (780) 571-8463. See probate fees in Alberta. 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. Do NOT include personal information. Looking for articles like this one to be delivered right to your inbox? 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. For example, assets that a quick probate order assists with include: The process for Limited Grants of Probate closely resembles the actual probate process. Banks and other institutions sometimes require a Grant of Probate before they will release assets to a personal representative. 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; While a grant of probate is often required to administer a deceaseds estate, it is not always necessary. Many assets benefit from using a Limited Grants of Probate. alTlI!n^.ww_j83n`!1 &Vz958)0K.PQP_Rb ^1c +,/vXF(f7k~{ Once we complete the limited grant the rest of the probate follows suit. 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. 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. This means the Court clerks do not review the Inventory. The grant allows the personal representative to legally fulfill their duties as the administrator of the estate. There is a will, but the appointed personal representative has died, or is otherwise unwilling or unable to take on the responsibilities. Administering an estate is a legal matter. In this part, the applicant sets out information about the will and any codicils. The OPGT charges fees to help offset the cost of settling an estate. 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. 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. * 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). You will NOT receive a reply on your feedback. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. To get answers to questions, use Alberta Connects. You may wish to contact a lawyer to provide As soon as someone dies, his or her executor has the authority to take possession and control of the deceased person's property and do anything in relation to that property that the deceased could have done. The Public Trustee will not act to clear a deceased persons property unless the Public Trustee is administering the estate. We meet with you at no charge to determine if the estate you seek to manage actually requires probating. There are 49 (yes, 49) different NC Forms that may comprise a Probate Application or an Application for a Grant of Administration. Shelly Chamaschuk is a partner at Reynolds Mirth Richards & Farmer LLP in Edmonton, Alberta. There is now one consolidated notice form for all beneficiaries and other interested parties. Learn more below or call the probate lawyers at Kahane Law Office. The applicant must also indicate the net value of the deceaseds estate in Alberta. If beneficiaries are found later, they can still get their money. You may need to complete one of these forms to support your probate application. Our office is closed to the public until further notice as a result of the Covid-19 pandemic. In an effort to modernize and simplify the process for getting a grant, Alberta amended these Surrogate Rules and simplified the forms. Learn about the risks of attempting to avoid probate. 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. These applications often allow people to legally sell or manage estate assets in weeks. The Government of Alberta sets out the forms and steps needed for these applications in the Surrogate Rules. The forms required for a Grant of Administration when there is no Will are slightly different. When you send form PA1P to HMCTS, you will need to include: The original will (and codicils, if any). The personal representative will need to contact the deceased persons bank to inquire. This is a new form and requirement. There are no surviving joint owners on the property. We also have an Edmonton office to help people there. Contact a lawyer if you need assistance determining whether you should administer an estate. Suite 625 - Southcentre Executive Tower, The Public Trustee will review the submitted documents and respond to the personal representative. You can find the GA forms on the Alberta Queens Printer website (for purchase) and the Government of Alberta website (for free). The fees for a Grant of Administration are the same as the fees for a Grant of Probate. 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. All applications must be submitted using the GA forms. Your estate lawyer can help you determine whether a Grant of Probate in Alberta is required. Contact information for executor and lawyer. 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 endstream endobj 3062 0 obj <>stream A Grant of Double Probate may be issued if: If there is no dispute over the will, the personal representative must file a number of NC documents when applying for probate. You may wish to contact a lawyer if you have any questions about authority. 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. Tally the assets within and outside Alberta separately. Whereas a Grant of Probate is issued when an After submitting this application, the lawyer then continues with the final order. Wait for the court to issue a Grant of Probate. 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 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. Forms to apply for a grant of administration can be found online or you may wish to have a lawyer assist you. Once you retain a lawyer for probate, most of the work for the Limited Grant of Probate is included in that cost. 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. " ):;JUqpA=15$y@DQ),}{?+8gE,oI\/TE86:HDf=\/DbE(4RMmQWlX,_El=T36)=yQMvM %,Vd342&FWnyNss{%Ch]`UU`d^&m;z 'w_o;7242Tm,m>dalG]"x'EQqyl$14M|p4E#2uI.Yk=0[h~2Pa=kDa60|sP/fH& :".bYibX %mX(AhM[7#20m NozNb447u@X{:RJv-$B^TF`8HW+xoiNtVdn:TE{aqa{A+wh4 [s Iw7NX+0JZ:C{{tS2qD"y The term Limited: refers to the fact that the order is limited to specific assets. 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. However, in some cases, the Executors parent has passed away in a different province. Further information on this service and locations can be found on the Court and Justice Services (CJS)website. However, the exception to this rule involves situations where these assets ownership is held jointly. Priority is usually given to Alberta residents, except for spouses and adult interdependent partners. The Surrogate Court is the court responsible for the probating of estates. WebCan an executor of an estate in Alberta get 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 click here to watch our video on probate and probate lawyers. wills@west-legal.ca or 403-723-0175 to get started. endstream endobj startxref document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Address Filed Under: Estate Planning Tagged With: estate, grant of administration, grant of probate, surrogate court, surrogate forms. 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