Whats the Difference Between Civil, Family & Criminal Law? Kahane Law in Calgary helps people with estates regularly. Have your lawyer submit the application to the court. Let us send you information and start helping right away by emailing us directly.We also enjoy taking your calls. 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 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. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. Lastly, if you want more information you can watch and learn from, click here to watch our video on probate and probate lawyers. Government of Alberta Subject: Members of the public, or their lawyers complete and submit this form to the Court of King's Bench in estate matters when they need a grant of probate, hL 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. 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. Criminal & Family Law: How Do They Intersect? Calgary, Read more about when Probate is necessary in Alberta here. A notarized copy or a photocopy is unacceptable. 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. Important To Note: Since the use of Limited Grants, the risky practice of trying to avoid probate is less useful. We'll gladly discuss your case with you at your convenience. MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. pleting the Specialized Forms for an 6 Com Application for Probate 57 1.orm NC 6.1 Acknowledgment of Trustees F 57 2. Grant of Probate Forms If there is no dispute over the will, the personal representative must file a number of non-contentious (NC) documents. The net value of the estate within Alberta is calculated by adding the deceaseds total assets within Alberta and the jointly owned assets that form part of the deceaseds estate within Alberta, and then subtracting the deceaseds total liabilities. 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. 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. Jiz39=uC2! qapg[NmJ3VmQ*7NBD`g,H:]B\yqtXNnf @FOu&^;90=+ qufJfEZe{Oe6Ys "N]aL)uGYa Xjd'| We let you know if you need probate, at no cost. Successfully obtaining the grant gives the administrator the same power as an executor. 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. The Public Trustee does not get involved in private disputes regarding estate administration. OPGT cannot provide legal advice. We refer to this court order as a Grant Of Probate. 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 situations where the sale of the estates real property already occurred, a limited grant application helps! However, while mostly used for probating real estate, there are more assets that benefit from this type of probate application. Getting a Grant of Probate or Administration, Order Free Print Copies of our Legal Resources, COVID-19: Information for Alberta Landlords and Tenants, 10 Rights atWork You Probably Didn't Know You Have in Alberta, Renting 101: A Guide to Renting in Alberta, 11 Alberta Workplace Rights Most People Think They Have but Don't. We also have an Edmonton office to help people there. A probate lawyer often helps ensure that this process moves smoother and quicker than when people attempt this process themselves. 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. h;@{= N,QQe.M043M&t NyFJ.D& CmR&z~GG_,"t>(~K9nEII d@iB` a|O\-x (^v1 Finally, we manage the application process for you. There is now one consolidated notice form for all beneficiaries and other interested parties. 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. Probate is granted only after the courts receive all of the information necessary to declare that the will is valid. We often receive calls from individuals who live in Calgary and have been appointed as the Executor of a parents Estate. We understand that there is more to you than the legal inquiry that brought you in. 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. 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. When a person dies without a will (intestate). If you need assistance with administering an estate, please contact a lawyer. |`e. Because of this, PA1P is also called the grant of probate form. The Public Trustee will consider getting involved only if: The Public Trustee does not become involved in family disputes or provide legal advice. For example, assets that a quick probate order assists with include: The process for Limited Grants of Probate closely resembles the actual probate process. If you live in the Edmonton area please reach us directly at (780) 571-8463. To fill in and save the form: If you are still having problems opening the form, contact PDF form technical support. There are 49 (yes, 49) different NC Forms that may comprise a Probate Application or an Application for a Grant of Administration. The views expressed in this article are those of the author and do not necessarily reflect the views of LawNow or the Centre for Public Legal Education Alberta. The term probate has little meaning for people until they manage the estate of a loved one. A persons personal residence is the asset that most frequently benefits from Limited Grants 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. This Weeks Wacky Wednesday: Is Happy the Elephant a Person? 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. WebThere have also been some changes to the probate forms, such as form P10. Not LnRiLWZpZWxke21hcmdpbi1ib3R0b206MC43NmVtfS50Yi1maWVsZC0tbGVmdHt0ZXh0LWFsaWduOmxlZnR9LnRiLWZpZWxkLS1jZW50ZXJ7dGV4dC1hbGlnbjpjZW50ZXJ9LnRiLWZpZWxkLS1yaWdodHt0ZXh0LWFsaWduOnJpZ2h0fS50Yi1maWVsZF9fc2t5cGVfcHJldmlld3twYWRkaW5nOjEwcHggMjBweDtib3JkZXItcmFkaXVzOjNweDtjb2xvcjojZmZmO2JhY2tncm91bmQ6IzAwYWZlZTtkaXNwbGF5OmlubGluZS1ibG9ja311bC5nbGlkZV9fc2xpZGVze21hcmdpbjowfQ==, ICAgQG1lZGlhIG9ubHkgc2NyZWVuIGFuZCAobWF4LXdpZHRoOiA3ODFweCkgeyAgICAgfSBAbWVkaWEgb25seSBzY3JlZW4gYW5kIChtYXgtd2lkdGg6IDU5OXB4KSB7ICAgICB9IA==. 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 The Public Trustee will review the submitted documents and respond to the personal representative. This allows people to sell a home quickly, learn more about the risk of joint tenancy here. Until the court issues this order, no person has the legal right to make decisions for the estate. The Court uses the net value of the estate to calculate the court fees charged for processing and issuing the grant. The applicant must list the jointly owned assets to the best of their ability using the information available to them. %%EOF You may wish to contact a lawyer if you have any questions about authority. 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 deceased persons bank may consider advancing funds from a deceased persons bank account directly to the funeral home for funeral costs. While prepared to help right away, we encourage clients to focus on family and grieving first. 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. In addition, we advise you if using a Limited Grants of Probate best benefits the estate or not. endstream endobj 3060 0 obj <>stream 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 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. (Note: the term personal representative is the current legal term used to refer to an executor/executrix, administrator/administratix, and judicial trustee.). Without a complete picture of the estate in question, its impossible to provide a definitive answer as to whether probate will be required. Contact us today to schedule an appointment. an estates lawyer will guide you towards the best option. 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. Do NOT include personal information. You may wish to contact a lawyer to provide assistance with determining if a grant is required. The forms required for a Grant of Administration when there is no Will are slightly different. To get answers to questions, use Alberta Connects. Administering an estate is a legal matter. Contact us today to schedule an appointment. This gives a legal right to a person to make those decisions. ^ ?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 You will NOT receive a reply on your feedback. 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. Applying for the Grant of Probate in Alberta Once all the information has been collected, the probate forms must be completed. Members of the Law Society filing grant applications other If you need to reach us please call 780-451-8764 (you will have to leave a message) or email. While technically yes, in reality not all estates require probate. 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 There are no surviving joint owners on the property. To best assist you, we offer free consultations regarding probate, Limited Grants of Probate and determining if you require this process at all. The people with the right to make funeral arrangements and deal with a deceased persons remains are: The Funeral Services General Regulations provides a priority list of who has the authority to make funeral arrangements. Typically, a grant of probate is obtained for estates where a valid will exists that appoints a willing and able personal representative. Legislationabout estates, wills and funerals: The Public Trustee as the Representative of a Deceased Persons Estate. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. Information provided was current as of publication date of issue . 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 Certain assets in an estate always require probating. endstream endobj 33 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 34 0 obj <>stream endstream endobj 35 0 obj <>stream There is a will, but the appointed personal representative has died, or is otherwise unwilling or unable to take on the responsibilities. 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. 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. hbbd``b`jASUbiXA@&Fu@#n?_ If the Public Trustee administersan estate, the Public Trustee will: Contact the OPGT immediately if you think: If there is money in an estate administered by the Public Trustee, and the beneficiaries cannot be found, the funds will eventually go to Albertas provincial treasurer. D3mbi*. Due to the technical nature of the process, many people opt to have a lawyer complete the process for them. Looking for articles like this one to be delivered right to your inbox? However, there are circumstances where probate will almost always be required. Contact information for executor and lawyer. 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. These include homes, land, bank accounts with large balances, some corporate assets, some stock or investment accounts,etc. 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 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 Read more about when Probate is necessary in Alberta here. 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. +,/vXF(f7k~{ You may wish to contact a lawyer if you have any questions about estate debts. click here to watch our video on probate and probate lawyers. The following people must receive this form: The applicant must provide notice of the application to the Public Trustee in certain circumstances. The information collected here is about the applicants and their right and priority to apply for the grant. However, family should come first. The Public Trustee cannot arrange for someone to be reimbursed for funeral expenses, unless the Public Trustee is administering the estate. Suite 625 - Southcentre Executive Tower, After submitting this application, the lawyer then continues with the final order. This can be cheaper than paying a probate practitioner (such as a solicitor) to apply for you. 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 Alberta probate forms, required by the Surrogate Rules, to apply for a Grant of Probate are: Form NC 1. Executor of a Will: What Do You Need to Know? She is the firms Wills, Estates & Trusts Team Lead, helping businesses, family enterprises, and individuals meet their legal needs, now and for the future. 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. But many applicants are not aware of these. The additional work to allow for a fast ability to legally sell a home or deal with other assets is under $500. We meet with you at no charge to determine if the estate you seek to manage actually requires probating. This form is a compilation of the information found in a number of NC forms. A deceased persons property may fall inside the estate or outside the estate. Forms to apply for a grant of administration can be found online or you may wish to have a lawyer assist you. WebAlways ensure that, if you live in Alberta, that you understand the process here. 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. WebCan an executor of an estate in Alberta get a grant of administration? Many people call us before a funeral happens. 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. Please contact a lawyer for assistance. There is no hard-and-fast rule that determines when obtaining a grant of probate is necessary. The Public Trustee cannot provide assistance with applications for a grant. In an effort to modernize and simplify the process for getting a grant, Alberta amended these Surrogate Rules and simplified the forms. wills@west-legal.ca or 403-723-0175 to get started. 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. However, of those 49 forms, there 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 fees for a Grant of Administration are the same as the fees for a Grant of Probate. Letters of Administration issue. %PDF-1.7 % 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. Limited Grants of Probate help ensure this process moves quickly to allow you to move forward with the estate more quickly and easily. 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 This review may take a week or more so the personal representative should ensure that the documents are submitted well in advance of any closing date. Get the help you need today. 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. 44 0 obj <>stream The Government of Alberta sets out the forms and steps needed for these applications in the Surrogate Rules. Personal Representative (Executor): Should I Take the Job? endstream endobj 32 0 obj <>stream Many Executors wonder whether they can avoid hiring a lawyer by applying for the necessary Grant themselves. 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. In this part, the applicant sets out information about the will and any codicils. As such, the Estate Planning Lawyers at West Legal dont believe in avoiding probate at all costs. Open the PDF form with Adobe Reader. WebThe probate process in Alberta can be complicated and can take months or even years to complete. (They can benefit as beneficiaries of the will but not as executors, except for a compensation fee.). 0~XU!jn4+vLM#2nbd6[i 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. Form NC 2. These applications often allow people to legally sell or manage estate assets in weeks. 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. While a grant of probate is often required to administer a deceaseds estate, it is not always necessary. 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. The new GA forms are intended to create a more streamlined and efficient process for processing grant applications in Alberta. When you send form PA1P to HMCTS, you will need to include: The original will (and codicils, if any). 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. The Public Trustee will not act to clear a deceased persons property unless the Public Trustee is administering the estate. The package would be suitable for citizens who wish to file these applications themselves when an application is not complex in nature. endstream endobj 3061 0 obj <>stream Shelly Chamaschuk is a partner at Reynolds Mirth Richards & Farmer LLP in Edmonton, Alberta. 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. 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. With offices in Calgary and Edmonton, we help you at at time when emotions and stress make things harder. The grant allows the personal representative to legally fulfill their duties as the administrator of the estate. ptD.{\T*"^m0:"lEZf+q) %"{\w>>UP5M[U/>DpdRf_64a$)[S?a'-"oy^c/EpHH[PJ(aoOkE,%oy#7-MA 7,]lk3W!vcer=71Ld= Our lawyers help when you need it. 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. 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