The Government of Alberta sets out the forms and steps needed for these applications in the Surrogate Rules. The information collected here is about the applicants and their right and priority to apply for the grant. A deceased persons property may fall inside the estate or outside the estate. There are no surviving joint owners on the property. 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. #1200, 10201 Southport Rd SW Applying for a grant of probate is a relatively simple process. Information provided was current as of publication date of issue . However, in some cases, the Executors parent has passed away in a different province. 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. Often, the savings in maintaining the assets, paying a mortgage, utilities and insurance, more than offset this cost. Criminal & Family Law: How Do They Intersect? There is a will, but the appointed personal representative has died, or is otherwise unwilling or unable to take on the responsibilities. WebCan an executor of an estate in Alberta get a grant of administration? Personal Representative (Executor): Should I Take the Job? 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. COVID-19: Can Employers legally require their employees to be vaccinated? endstream endobj startxref These applications often allow people to legally sell or manage estate assets in weeks. MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. We often receive calls from individuals who live in Calgary and have been appointed as the Executor of a parents Estate. The Public Trustee does not get involved in private disputes regarding estate administration. You may wish to contact a lawyer if you have any questions about authority. Another important change is that Form GA2 Inventory is no longer part of the primary application (Form GA1). You may want to contact a lawyer to discuss specific questions or receive assistance with the administration process. 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. All applications must be submitted using the GA forms. click here to watch our video on probate and probate lawyers. Whats the Difference Between Civil, Family & Criminal Law? Filed Under: Estate Planning Tagged With: estate, grant of administration, grant of probate, surrogate court, surrogate forms. The old NC forms had different notices for different beneficiaries. Tally the assets within and outside Alberta separately. WebGUIDE TO DRAFTING AN APPLICATION FOR PROBATE FORMS WHICH ARE REQUIRED IN AN APPLICATION An application for a grant of probate must include the following forms: . The 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. 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. Application by the Personal Representative(s) for a grant of: Author: Government of Alberta Subject: Identifies the type of grant applied for by the personal representative, along with other The personal representative will need to contact the deceased persons bank to inquire. It has five parts: The applicant must provide the full legal name (and other names known by), date of birth and date of death, and last address of the deceased. See Probate Forms for details. All fields are required unless otherwise indicated. If beneficiaries are found later, they can still get their money. endstream endobj 3062 0 obj <>stream The package also includes a link to all applicable court forms required for your application. !)%*M!#'=m i&BK hkD.S]s>k{p This form is a compilation of the information found in a number of NC forms. When a person dies without a will (intestate). You may wish to contact a lawyer if you have any questions about estate debts. 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. endstream endobj 33 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 34 0 obj <>stream 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. if the transfer or sale of the land affects the gift received by the minor, then the personal representative must also provide a recent certified appraisal regarding the market value of the property. Do NOT include personal information. T2W 4X9. %PDF-1.7 % Due to the technical nature of the process, many people opt to have a lawyer complete the process for them. 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 need assistance with administering an estate, please contact a lawyer. Some assets frequently cause more stress and work to deal with through the estate administration process. The following people must receive this form: The applicant must provide notice of the application to the Public Trustee in certain circumstances. 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. h;@{= N,QQe.M043M&t NyFJ.D& CmR&z~GG_,"t>(~K9nEII d@iB` a|O\-x (^v1 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, a general rule of thumb is that, if you pass away leaving assets in your sole name and without a named beneficiary, your Executor will likely need to obtain a grant of probate in order to distribute your assets, regardless of whether you died leaving a Will. The address for w 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. If it is issued from a court of a jurisdiction other than Alberta, it must be resealed by the Court of - s Bench. [F'SP))xxIm-Ng*wj)9L!wpkw#&p|[[||S{@p~: 0 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. Estate lawyers work with probate documents regularly and are able to ensure the application proceeds smoothly. However, family should come first. Its sensible for you to reach out to us or another Calgary probate lawyer, even if your loved one passed away out-of-province. Probating an estate means making an application to the Surrogate Court in Alberta. ^ 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. Applying for a Grant of Probate can only be done if a personal representative has been named in a will. 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 endstream endobj 28 0 obj <>>>/Filter/Standard/Length 128/O(OFxh]/w`Q],j)/P -20/R 4/StmF/StdCF/StrF/StdCF/U(o|&=}D )/V 4>> endobj 29 0 obj <>>>/Metadata 10 0 R/Names 38 0 R/NeedsRendering true/Pages 25 0 R/Type/Catalog/ViewerPreferences<>>> endobj 30 0 obj <>stream Estates with nominal assets usually do not. 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. 27 0 obj <> endobj 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]. With some assets, selling the asset quickly is in the best interest of the estate. Contact a local registry office for questions about dealing with a deceased persons vehicle. Simple estates, estates with minimal assets and estates where all assets are held with a surviving spouse in joint names may not require probate. (Note: the term personal representative is the current legal term used to refer to an executor/executrix, administrator/administratix, and judicial trustee.). The ownership and transfer of a deceaseds jointly-owned assets are governed by rules that have evolved over time through the courts (common law). You will NOT receive a reply on your feedback. Applying for the Grant of Probate in Alberta Once all the information has been collected, the probate forms must be completed. Looking for articles like this one to be delivered right to your inbox? 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. (They can benefit as beneficiaries of the will but not as executors, except for a compensation fee.). Legal Information for Senior AlbertansLearn how to identify, prevent, and deal with Elder Abuse. Form NC 9 Affidavit of Handwriting of Deceased 59 3. WebAlways ensure that, if you live in Alberta, that you understand the process here. Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. 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. The Court will not issue a grant until it has received a filed Form GA5 Affidavit of Service for each interested party. The grant allows the personal representative to legally fulfill their duties as the administrator of the estate. In this situation, the court issue a Grant of Administration with Will Annexed, appointing a personal representative to administer the estate. There is no hard-and-fast rule that determines when obtaining a grant of probate is necessary. Web2. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Address The process for Limited Grants of Probate closely resembles the actual probate process. Members of the Law Society filing grant applications other 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. 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. We let you know if you need probate, at no cost. The applicant must also indicate the net value of the deceaseds estate in Alberta. Forms to apply for a grant of probate can be found online or you may wish to have a lawyer assist you. The process takes time, money and energy. 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. Form NC 2. After submitting this application, the lawyer then continues with the final order. WebThere have also been some changes to the probate forms, such as form P10. We understand that there is more to you than the legal inquiry that brought you in. endstream endobj 31 0 obj <>stream Before June 15, 2022, the applicant only had to report assets the deceased owned that were located within Alberta. The probate process requires extensive paperwork which is often confusing. THE CENTRE FOR PUBLIC LEGAL EDUCATION ALBERTA DOES NOT REPRESENT CLIENTS OR PROVIDE LEGAL ADVICE. Form PA11: Apply for power of attorney (will) 17 May 2022 Form Form PA12: Apply for power 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. any assets the deceased owned jointly with other persons who are not the deceaseds spouse or adult interdependent partner. These include homes, land, bank accounts with large balances, some corporate assets, some stock or investment accounts,etc. You may be required to pay a fee for this service. Contact us today to schedule an appointment. 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. WebTitle: GA3 Notice to Beneficiaries and Other Interested Parties Author: 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 applying to the Court for a grant of probate or administration and to inform them of their 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 Typically, a grant of probate is obtained for estates where a valid will exists that appoints a willing and able personal representative. 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 application Read more about when Probate is necessary in Alberta here. The applicant must list all debts and expenses of the deceased as of the date of death. endstream endobj 3059 0 obj <>stream Certain assets in an estate always require probating. In this part, the applicant sets out information about the will and any codicils. A persons personal residence is the asset that most frequently benefits from Limited Grants of Probate. Open the PDF form with Adobe Reader. This is particularly important if the estate is contentious or complicated. This allows people to sell a home quickly. At times this happens under the direction of the courts. Hr4KI@;2_nw\mhyb(aqex`25c ?C,8Px>;dQP=NX!zOH% Save my name, email, and website in this browser for the next time I comment. There are no beneficiary designations on financial accounts. Not every form must be used in every case. 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 information for executor and lawyer. At West Legal, we take a People First approach. Lastly, if you want more information you can watch and learn from, click here to watch our video on probate and probate lawyers. Information collected here is about the grant of probate alberta forms and their right and priority apply! Probate documents regularly and are able to ensure the application proceeds smoothly Abuse... Expenses of the estate is contentious or complicated and expenses of the application proceeds smoothly lawyer if you have questions! Are not the deceaseds spouse or adult interdependent partner GA1 ) fall inside the estate or outside the.... Applicant sets out the forms and steps needed for these applications in the Surrogate Rules or investment accounts etc. For Senior AlbertansLearn How to identify, prevent, and deal with the.: estate Planning Tagged with: estate Planning Tagged with: estate, grant of probate offset... 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