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. This gives a legal right to a person to make those decisions. The following people must receive this form: The applicant must provide notice of the application to the Public Trustee in certain circumstances. The Public Trustee does not get involved in private disputes regarding estate administration. If your estate is non-contentious no one is challenging it the forms are available online. endstream endobj 35 0 obj <>stream Of course, people must prioritize attending to and protecting the estates assets. 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. Contact us today to schedule an appointment. With offices in Calgary and Edmonton, we help you at at time when emotions and stress make things harder. Priority is usually given to Alberta residents, except for spouses and adult interdependent partners. This can be cheaper than paying a probate practitioner (such as a solicitor) to apply for you. 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. 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. 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 you have any questions about how your probate application might be impacted, you can reach out to the probate registry or a lawyer. h240Q0P040U02T+-( Applying for a Grant of Probate can only be done if a personal representative has been named in a will. MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. The applicant must list the jointly owned assets to the best of their ability using the information available to them. 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. The information in this article was correct at time of publishing. If you need assistance with administering an estate, please contact a lawyer. It is reasonable to request to see the document before you share information about the estate with them. How Criminal Charges Affect Child Custody in Alberta, Alberta COVID-19 Vaccinations & the Workplace. Banks and other institutions sometimes require a Grant of Probate before they will release assets to a personal representative. You may find yourself unsure of which grant to apply for or whether you need to apply at all and an estates lawyer will guide you towards the best option. A notarized copy or a photocopy is unacceptable. 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. To get answers to questions, use Alberta Connects. The Public Trustee cannot arrange for someone to be reimbursed for funeral expenses, unless the Public Trustee is administering the estate. 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 CENTRE FOR PUBLIC LEGAL EDUCATION ALBERTA DOES NOT REPRESENT CLIENTS OR PROVIDE LEGAL ADVICE. All applications must be submitted using the GA forms. The information collected here is about the applicants and their right and priority to apply for the grant. hVYoF+h#p>$1r%@KkE " ):;JUqpA=15$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 Estates with nominal assets usually do not. Forms to apply for a grant of administration can be found online or you may wish to have a lawyer assist you. However, of those 49 forms, there Personal Representative (Executor): Should I Take the Job? We often receive calls from individuals who live in Calgary and have been appointed as the Executor of a parents Estate. Another important change is that Form GA2 Inventory is no longer part of the primary application (Form GA1). 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. To administer the estate, the main tasks of a personal representative are to: Additional information can be found in the Estate Administration Act. 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. Wait for the court to issue a Grant of Probate. In an effort to modernize and simplify the process for getting a grant, Alberta amended these Surrogate Rules and simplified the forms. 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. We'll gladly discuss your case with you at your convenience. %PDF-1.7 % The Estate Administration Act and the Surrogate Rules set out the roles and responsibilities of an applicant (personal representative of an estate). The Public Trustee will not act to clear a deceased persons property unless the Public Trustee is administering the estate. However, there are circumstances where probate will almost always be required. 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. Form PA11: Apply for power of attorney (will) 17 May 2022 Form Form PA12: Apply for power A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Address Get the help you need today. 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. 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 ownership and transfer of a deceaseds jointly-owned assets are governed by rules that have evolved over time through the courts (common law). 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 The personal representative must provide the following to the OPGT office: The Public Trustee will review the submitted documents and respond to the court. 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. Due to the technical nature of the process, many people opt to have a lawyer complete the process for them. Two examples of when property may fall outside the estate are: Property inside the estate is the opposite and the estate may require administration. 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 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. There is a will, but the appointed personal representative has died, or is otherwise unwilling or unable to take on the responsibilities. Executor of a Will: What Do You Need to Know? 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. EDITORS NOTE Read CPLEAs Getting a Grant of Probate and Administration in Alberta booklet to learn more about the process for getting a grant. This allows people to sell a home quickly. The process takes time, money and energy. Anything that deals with time sensitive assets, assets that rapidly depreciate or require a lot of work or money to maintain and more. Below is a list of commonly used forms. Contact a local registry office for questions about dealing with a deceased persons vehicle. To best assist you, we offer free consultations regarding probate, Limited Grants of Probate and determining if you require this process at all. Before June 15, 2022, the applicant only had to report assets the deceased owned that were located within Alberta. wills@west-legal.ca or 403-723-0175 to get started. Unless extreme time sensitivity exists, a few days or weeks often cause no problematic issues for the estate. It is easier for an executor to sell a home right away and not wait months for the grant of probate. 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). When people refer to probate or probating a will, they are likely referring to obtaining a grant of probate. 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. Contact a lawyer if you need assistance determining whether you should administer an estate. You may need to complete one of these forms to support your probate application. +,/vXF(f7k~{ You can also order the forms from the Alberta Queens Printer (or call 780-427-4952). We meet with you at no charge to determine if the estate you seek to manage actually requires probating. 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. WebThere have also been some changes to the probate forms, such as form P10. 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. This occurs most frequently but is not limited to estates involving real estate, investments or corporations. 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. %PDF-1.6 % This information is gathered in more detail in Form GA2 Inventory. 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. endstream endobj 3060 0 obj <>stream Then the appropriate A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. If you do not have a lawyer, contact the Law Society of Albertas Lawyer Referral Service. This Weeks Wacky Wednesday: The Hawaiian Rolls That Werent, This Weeks Wacky Wednesday: Living the High Life at a Closed Restaurant. The registry contains information about who to contact regarding locating the will. / L0!/A-W[ g1 Clients often have questions about the probate process, and rightfully so. Below is a list of commonly used forms. 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. 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. alTlI!n^.ww_j83n`!1 &Vz958)0K.PQP_Rb ^1c 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 old NC forms had different notices for different beneficiaries. 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. If no one else can, the public trustee will consider managing an estate if the beneficiary is a minor or represented adult. 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. 36 0 obj <>/Encrypt 28 0 R/Filter/FlateDecode/ID[<4F7B3FA3AB17DD4D919CE4D48CA4A2A6>]/Index[27 18]/Info 26 0 R/Length 60/Prev 169773/Root 29 0 R/Size 45/Type/XRef/W[1 2 1]>>stream MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. 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. 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. 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. You may be required to pay a fee for this service. If there is no will or if the will does not name a personal representative, an individual or corporation can be selected to apply for a Grant of Administration. Those circumstances include estates where there is no surviving spouse as a joint tenant, where assets are in the name of the deceased only, where the estate has significant asset value, where there is no will and where the will is of dubious validity. The application We'll gladly discuss your case with you at your convenience. Finally, we manage the application process for you. The applicant may have authority as stated in the will, or, if there is no will, as set out in the Estate Administration Act. At times this happens under the direction of the courts. 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. Not Acceptable documents proving death are a Death Certificate or Funeral Directors Statement of Death. 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. Limited Grants of Probate allow for a faster process to sell these assets. Certain assets in an estate always require probating. Information provided was current as of publication date of issue . 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. We respect that the loss of a loved one is hard on everyone. The grant provides official confirmation of a personal representative, protecting these kinds of third-party organizations. Whats the Difference Between Civil, Family & Criminal Law? endstream endobj 3062 0 obj <>stream Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. When a person dies without a will (intestate). ?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 Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). You will NOT receive a reply on your feedback. In the case of a bankrupt estate, the court may appoint a creditor of the estate. 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. You will NOT receive a reply on your feedback. You may wish to contact a lawyer if you have any questions about authority. The probate process requires extensive paperwork which is often confusing. Review and sign the probate application. Upon receiving the grant, the applicant must serve interested parties with a notice saying the Court has issued the grant. Fill it in and save it. Unfortunately, those needing to deal with probate, do so at a time when they face the emotional challenges of losing someone they cared about. You may want to discuss these questions with a lawyer. 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