click here to watch our video on probate and probate lawyers. Read more about when Probate is necessary in Alberta here. It also confirms the validity and legitimacy of the deceaseds Last Will. Administering an estate is a legal matter. 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; You can find the GA forms on the Alberta Queens Printer website (for purchase) and the Government of Alberta website (for free). This can be cheaper than paying a probate practitioner (such as a solicitor) to apply for you. Limited Grants of Probate help ensure this process moves quickly to allow you to move forward with the estate more quickly and easily. 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. 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. The information in this article was correct at time of publishing. The forms used before June 15th were called NC (Non-contentious) forms. endstream endobj 32 0 obj <>stream Obtain certified copies of the grant. In addition, it protects the person managing the estate from personal liability. Get up-to-date on the latest news and upcoming events at CPLEA. Learn more below or call the probate lawyers at Kahane Law Office. This allows people to sell a home quickly, learn more about the risk of joint tenancy here. 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 Self-represented applicants are not required to use this form. Please note that no specific time frame exists for this process to start. 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 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. The Court will not issue a grant until it has received a filed Form GA5 Affidavit of Service for each interested party. The applicant must also indicate the net value of the deceaseds estate in Alberta. 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. Call 403-225-8810 today. However, in some cases, the Executors parent has passed away in a different province. If you need to reach us please call 780-451-8764 (you will have to leave a message) or email. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). 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. Whats the Difference Between Civil, Family & Criminal Law? 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. 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 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. a43Y+ eRa .?x8!'0mt }cGQ]\? Alberta Finally, we manage the application process for you. If worried, please call for direction. If you do not have a lawyer, contact the Law Society of Albertas Lawyer Referral Service. 0 _[- BAG uDq?QM`fj3 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. This occurs most frequently but is not limited to estates involving real estate, investments or corporations. Form NC 2. One of the goals of the surrogate reform project was to simplify the forms and reduce the duplication of information required under the NC forms. Executor of a Will: What Do You Need to Know? The order of service and filing has changed to bring the surrogate process in line with all other court filing processes. You will NOT receive a reply on your feedback. 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. Jiz39=uC2! qapg[NmJ3VmQ*7NBD`g,H:]B\yqtXNnf @FOu&^;90=+ qufJfEZe{Oe6Ys "N]aL)uGYa Xjd'| Its sensible for you to reach out to us or another Calgary probate lawyer, even if your loved one passed away out-of-province. 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. Contact a lawyer if you need assistance determining whether you should administer an estate. 0~XU!jn4+vLM#2nbd6[i hVYoF+h#p>$1r%@KkE Not every form must be used in every case. Experienced probate attorneys will know which probate forms and probate fees are required in Alberta, even under unique circumstances. By receiving professional guidance, executors reduce the risk of having their probate applications rejected due to lack of information. This can save time, frustration, law suits and money. 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]. 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. 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 We let you know if you need probate, at no cost. 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. Criminal & Family Law: How Do They Intersect? Suite 625 - Southcentre Executive Tower, The Court accepted applications submitted prior to June 15, 2022 using the old NC forms. Clients often have questions about the probate process, and rightfully so. LawNow is a registered trademark in Canada. 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. 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 applicant must list the jointly owned assets to the best of their ability using the information available to them. Suite 625 - Southcentre Executive Tower, 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 These include homes, land, bank accounts with large balances, some corporate assets, some stock or investment accounts,etc. Read more about when Probate is necessary in Alberta here. Once we complete the limited grant the rest of the probate follows suit. To administer the estate, the main tasks of a personal representative are to: Additional information can be found in the Estate Administration Act. Information provided was current as of publication date of issue . 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 probate process requires extensive paperwork which is often confusing. Fill it in and save it. There is no hard-and-fast rule that determines when obtaining a grant of probate is necessary. 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. Kahane Law in Calgary helps people with estates regularly. Estate lawyers work with probate documents regularly and are able to ensure the application proceeds smoothly. When there is no evidence of a will, and a person or persons wish to take on the responsibilities of administering the estate, they must first conduct a thorough search to ensure that is the case and, if so, they can apply for a Grant of Administration. 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. T2W 4X9. The following people must receive this form: The applicant must provide notice of the application to the Public Trustee in certain circumstances. 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. The applicant must list all debts and expenses of the deceased as of the date of death. Probating an estate means making an application to the Surrogate Court in Alberta. 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. 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. But many applicants are not aware of these. 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. 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). Effective June 15, 2022, the Court no longer accepts grant applications submitted using the NC forms. Stock or share portfolios in a volatile market. Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. The probate process is not nearly as time-consuming or cost-involved as people often assume. 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. The personal representative will need to contact the deceased persons bank to inquire. Forms to apply for a grant of probate can be found online or you may wish to have a lawyer assist you. There is a will, but the appointed personal representative has died, or is otherwise unwilling or unable to take on the responsibilities. 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. 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. Certain assets in an estate always require probating. The estate of the deceased person is responsible for paying for burial and funeral expenses. Executor of a Will: What Do You Need to Know? 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. (Note: the term personal representative is the current legal term used to refer to an executor/executrix, administrator/administratix, and judicial trustee.). WebAlways ensure that, if you live in Alberta, that you understand the process here. If someone claims to be administering the estate, they will have documentation verifying thisusually a grant or will. Ideally, we help relieve you of some of the legal and logistical parts of managing that loved ones estate. Limited Grant Of Probate Process. 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. hkK0JKrzY"8uDFVk7'rd4. To get answers to questions, use Alberta Connects. 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. Our office is closed to the public until further notice as a result of the Covid-19 pandemic. 27 0 obj <> endobj 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. 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. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. Unless extreme time sensitivity exists, a few days or weeks often cause no problematic issues for the estate. hL D3mbi*. In this part, the applicant sets out information about the will and any codicils. 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 old NC forms had different notices for different beneficiaries. You may wish to contact a lawyer if you have any questions about estate debts. Booklet with detailed legal information about the different types of grants and how to apply for them in Alberta. ^ We often receive calls from individuals who live in Calgary and have been appointed as the Executor of a parents Estate. Further information on this service and locations can be found on the Court and Justice Services (CJS) website. This form is a compilation of the information found in a number of NC forms. The new rules and forms came into effect on June 15, 2022. All applications must be submitted using the GA forms. 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.