If youve been appointed as the Executor or Personal Representative of an Alberta Estate, you may need to apply for a Grant of Administration or a Grant of Probate. The applicant must list the jointly owned assets to the best of their ability using the information available to them. 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 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]. The funeral home will submit the application to the Alberta government. There are no surviving joint owners on the property. Personal Representative (Executor): Should I Take the Job? While prepared to help right away, we encourage clients to focus on family and grieving first. In an effort to modernize and simplify the process for getting a grant, Alberta amended these Surrogate Rules and simplified the forms. Call 403-225-8810 today. When a person dies without a will (intestate). 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 application 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. EDITORS NOTE Read CPLEAs Getting a Grant of Probate and Administration in Alberta booklet to learn more about the process for getting a grant. We understand that there is more to you than the legal inquiry that brought you in. Do NOT include personal information. hVYoF+h#p>$1r%@KkE This Weeks Wacky Wednesday: Is Happy the Elephant a Person? We refer to this court order as a Grant Of Probate. The personal representative will need to contact the deceased persons bank to inquire. 44 0 obj <>stream The Public Trustee will consider getting involved only if: The Public Trustee does not become involved in family disputes or provide legal advice. 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. The estate of the deceased person is responsible for paying for burial and funeral expenses. endstream endobj 35 0 obj <>stream This means the Court clerks do not review the Inventory. 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. Form NC 9 Affidavit of Handwriting of Deceased 59 3. Members of the Law Society filing grant applications other But many applicants are not aware of these. However, of those 49 forms, there !)%*M!#'=m i&BK hkD.S]s>k{p 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. Note:If you are having trouble opening PDF forms (i.e. 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. Jiz39=uC2! qapg[NmJ3VmQ*7NBD`g,H:]B\yqtXNnf @FOu&^;90=+ qufJfEZe{Oe6Ys "N]aL)uGYa Xjd'| 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. 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. Executor of a Will: What Do You Need to Know? If worried, please call for direction. 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. endstream endobj 32 0 obj <>stream endstream endobj 33 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 34 0 obj <>stream These include homes, land, bank accounts with large balances, some corporate assets, some stock or investment accounts,etc. 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. The new rules and forms came into effect on June 15, 2022. The term Limited: refers to the fact that the order is limited to specific assets. 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. 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. 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. 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. Further information on this service and locations can be found on the Court and Justice Services (CJS) website. Of course, people must prioritize attending to and protecting the estates assets. This is particularly important if the estate is contentious or complicated. 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. The law may have changed since then. 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. Clients often have questions about the probate process, and rightfully so. 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. 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. / L0!/A-W[ g1 0~XU!jn4+vLM#2nbd6[i Let us send you information and start helping right away by emailing us directly.We also enjoy taking your calls. Limited Grants of Probate help ensure this process moves quickly to allow you to move forward with the estate more quickly and easily. Letters of Administration issue. Property outside the estate transfers directly to another person without estate administration. 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). +,/vXF(f7k~{ endstream endobj 31 0 obj <>stream If you do not have a lawyer, contact the Law Society of Albertas Lawyer Referral Service. endstream endobj 3061 0 obj <>stream The package also includes a link to all applicable court forms required for your application. 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. See Probate Forms for details. 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. hkK0JKrzY"8uDFVk7'rd4. To best assist you, we offer free consultations regarding probate, Limited Grants of Probate and determining if you require this process at all. 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. Shelly Chamaschuk is a partner at Reynolds Mirth Richards & Farmer LLP in Edmonton, Alberta. The order of service and filing has changed to bring the surrogate process in line with all other court filing processes. 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 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, the estate is solvent (more assets than debts), and no other party is administering. pleting the Specialized Forms for an 6 Com Application for Probate 57 1.orm NC 6.1 Acknowledgment of Trustees F 57 2. The old NC forms had different notices for different beneficiaries. If you need to reach us please call 780-451-8764 (you will have to leave a message) or email. Learn more below or call the probate lawyers at Kahane Law Office. MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. Successfully obtaining the grant gives the administrator the same power as an executor. A deceased persons property may fall inside the estate or outside the estate. %PDF-1.6 % You may want to contact a lawyer to discuss specific questions or receive assistance with the administration process. Criminal & Family Law: How Do They Intersect? However, while mostly used for probating real estate, there are more assets that benefit from this type of probate application. At times this happens under the direction of the courts. The Public Trustee will not act to clear a deceased persons property unless the Public Trustee is administering the estate. The probate process is not nearly as time-consuming or cost-involved as people often assume. Banks and other institutions sometimes require a Grant of Probate before they will release assets to a personal representative. In Form GA2, the applicant must now list: This is a list of assets located within or outside Alberta, such as land, bank accounts, investment accounts, shares in companies, annuities, life insurance, household goods, and personal effects. Please contact a lawyer for assistance. This allows people to sell a home quickly. OPGT cannot provide legal advice. There is also a new requirement that the applicant provide the Court with proof of death. 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. There is no hard-and-fast rule that determines when obtaining a grant of probate is necessary. Personal Representative (Executor): Should I Take the Job? The grant allows the personal representative to legally fulfill their duties as the administrator of the estate. 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. 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 forms required for a Grant of Administration when there is no Will are slightly different. Review and sign the probate application. 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: . Before June 15, 2022, the applicant only had to report assets the deceased owned that were located within Alberta. MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. Calgary, 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. The executor or administrator of the estate then begins managing and distributing the assets. Affidavit by the executor. You may wish to contact a lawyer to provide assistance with determining if a grant is required. 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 Surrogate Court is the court responsible for the probating of estates. Whereas a Grant of Probate is issued when an executor/executrix is appointed in a will, a Grant of Administration is issued: (Note: the term personal representative is the current legal term used to refer to an executor/executrix, administrator/administratix, and judicial trustee.). 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]. hbbd``b`jASUbiXA@&Fu@#n?_ There is a will, but the appointed personal representative has died, or is otherwise unwilling or unable to take on the responsibilities. Another important change is that Form GA2 Inventory is no longer part of the primary application (Form GA1). 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. endstream endobj startxref Typically, a grant of probate is obtained for estates where a valid will exists that appoints a willing and able personal representative. 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. Contact us today to schedule an appointment. In this situation, the court issue a Grant of Administration with Will Annexed, appointing a personal representative to administer the estate. Further information on this service and locations can be found on the Court and Justice Services (CJS)website. Two examples of when property may fall outside the estate are: Property inside the estate is the opposite and the estate may require administration. This form is a compilation of the information found in a number of NC forms. A person entitled to a Grant of Administration may nominate someone else to be the administrator. Estate lawyers work with probate documents regularly and are able to ensure the application proceeds smoothly. The deceased persons bank may consider advancing funds from a deceased persons bank account directly to the funeral home for funeral costs. Some assets frequently cause more stress and work to deal with through the estate administration process. an estates lawyer will guide you towards the best option. Simple estates, estates with minimal assets and estates where all assets are held with a surviving spouse in joint names may not require probate. Whether or not you decide to administer an estate depends on the property and debts in the estate. 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. 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 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. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). In the case of a bankrupt estate, the court may appoint a creditor of the estate. 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. WebThere have also been some changes to the probate forms, such as form P10. The term probate has little meaning for people until they manage the estate of a loved one. Many people call us before a funeral happens. This gives a legal right to a person to make those decisions. The information in this article was correct at time of publishing. These forms are replaced by new forms called GA (Grant Application) forms. All fields are required unless otherwise indicated. The Public Trustee cannot provide assistance with applications for a grant. 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. Obtain certified copies of the grant. The forms used before June 15th were called NC (Non-contentious) forms. LnRiLWZpZWxke21hcmdpbi1ib3R0b206MC43NmVtfS50Yi1maWVsZC0tbGVmdHt0ZXh0LWFsaWduOmxlZnR9LnRiLWZpZWxkLS1jZW50ZXJ7dGV4dC1hbGlnbjpjZW50ZXJ9LnRiLWZpZWxkLS1yaWdodHt0ZXh0LWFsaWduOnJpZ2h0fS50Yi1maWVsZF9fc2t5cGVfcHJldmlld3twYWRkaW5nOjEwcHggMjBweDtib3JkZXItcmFkaXVzOjNweDtjb2xvcjojZmZmO2JhY2tncm91bmQ6IzAwYWZlZTtkaXNwbGF5OmlubGluZS1ibG9ja311bC5nbGlkZV9fc2xpZGVze21hcmdpbjowfQ==, ICAgQG1lZGlhIG9ubHkgc2NyZWVuIGFuZCAobWF4LXdpZHRoOiA3ODFweCkgeyAgICAgfSBAbWVkaWEgb25seSBzY3JlZW4gYW5kIChtYXgtd2lkdGg6IDU5OXB4KSB7ICAgICB9IA==. 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. Legal Resource Centre of Alberta 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. This allows people to sell a home quickly, learn more about the risk of joint tenancy here. We respect that the loss of a loved one is hard on everyone. lx\#l[4IrP3S7jlV("SBl&)xN7BmwdMi#^bh^&E4e2jiU !t{Cw& Contact a lawyer if you need assistance determining whether you should administer an estate. The information collected here is about the applicants and their right and priority to apply for the grant. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. If you have any questions about how your probate application might be impacted, you can reach out to the probate registry or a lawyer. Without a complete picture of the estate in question, its impossible to provide a definitive answer as to whether probate will be required. With offices in Calgary and Edmonton, we help you at at time when emotions and stress make things harder. 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. Open the PDF form with Adobe Reader. When you send form PA1P to HMCTS, you will need to include: The original will (and codicils, if any). Effective June 15, 2022, the Court no longer accepts grant applications submitted using the NC forms. You must serve the trustee, not the represented adult. A Grant of Probate must be obtained by the personal representative to prove that the will is valid in certain cases. Executor of a Will: What Do You Need to Know? 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. To fill in and save the form: If you are still having problems opening the form, contact PDF form technical support. Owned that were located within Alberta to specific assets 15th were called NC ( Non-contentious ) forms with for! Digital service ( SDS ) court and Justice Services ( CJS ).! 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