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. Important To Note: Since the use of Limited Grants, the risky practice of trying to avoid probate is less useful. If you do not have a lawyer, contact the Law Society of Albertas Lawyer Referral Service. Please contact a lawyer for assistance. For example, assets that a quick probate order assists with include: The process for Limited Grants of Probate closely resembles the actual probate process. Upon receiving the grant, the applicant must serve interested parties with a notice saying the Court has issued the grant. THE CENTRE FOR PUBLIC LEGAL EDUCATION ALBERTA DOES NOT REPRESENT CLIENTS OR PROVIDE LEGAL ADVICE. Our free consultation allows you definitely know the answer to the Probate vs. Finally, we manage the application process for you. Acceptable documents proving death are a Death Certificate or Funeral Directors Statement of Death. WebThere have also been some changes to the probate forms, such as form P10. 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. The personal representative must provide the following to the OPGT office: The Public Trustee will review the submitted documents and respond to the court. All fields are required unless otherwise indicated. endstream endobj 32 0 obj <>stream Information provided was current as of publication date of issue . The Surrogate Court is the court responsible for the probating of estates. 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 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. hL You may wish to contact a lawyer if you have any questions about estate debts. Executor of a Will: What Do You Need to Know? %PDF-1.7 % 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. 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. Estate lawyers work with probate documents regularly and are able to ensure the application proceeds smoothly. You can apply for probate yourself online or by post. Because of this, PA1P is also called the grant of probate form. Typically, a grant of probate is obtained for estates where a valid will exists that appoints a willing and able personal representative. 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). A person entitled to a Grant of Administration may nominate someone else to be the administrator. 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]. Successfully obtaining the grant gives the administrator the same power as an executor. The Public Trustee cannot arrange for someone to be reimbursed for funeral expenses, 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. 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. However, in some cases, the Executors parent has passed away in a different province. Nevertheless, many commonly held beliefs about probate are half-truths or even untrue altogether. 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. You may wish to contact a lawyer to provide assistance with determining if a grant is required. Executor of a Will: What Do You Need to Know? The personal representative or executor of the estate should advise the funeral home that the deceased is unlikely to have sufficient funds to pay for the funeral. In this part, the applicant sets out information about the will and any codicils. If there is no will or if the executor does not act, someone else, such as a family member, may go to court for authorization to settle the estate by requesting a grant of administration. 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. The new GA Forms came into effect on June 15, 2022 for all grant applications in Alberta. COVID-19: Can Employers legally require their employees to be vaccinated? However, while mostly used for probating real estate, there are more assets that benefit from this type of probate application. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). 3058 0 obj <>stream After submitting this application, the lawyer then continues with the final order. 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. This is a new form and requirement. >kp gos|Wkp0G1sv03{8c:u5zyV4?P^CDSA\}-P,`U?u4E.oGDmRTFK!hg$j;||IzIX7-7"E2JW6"Z5[C9,ILpa_+sz7%bM +{3s#.G/P)ivj}83!uwS}Gu3 ] 6 'F>;QX[ie\6W.o82k6]#^QW5[/R s,/~zf;]V Applying for the Grant of Probate in Alberta Once all the information has been collected, the probate forms must be completed. The applicant may have authority as stated in the will, or, if there is no will, as set out in the Estate Administration Act. The Government of Alberta sets out the forms and steps needed for these applications in the Surrogate Rules. endstream endobj 3062 0 obj <>stream However, a general rule of thumb is that, if you pass away leaving assets in your sole name and without a named beneficiary, your Executor will likely need to obtain a grant of probate in order to distribute your assets, regardless of whether you died leaving a Will. Some assets frequently cause more stress and work to deal with through the estate administration process. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Address Of course, the personal representative must always act in the best interests of the estate and its beneficiaries as executors are not allowed to benefit from the estate. This means the Court clerks do not review the Inventory. How Criminal Charges Affect Child Custody in Alberta, Alberta COVID-19 Vaccinations & the Workplace. You can find the GA forms on the Alberta Queens Printer website (for purchase) and the Government of Alberta website (for free). @$ ( 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. 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. Contact information for executor and lawyer. endstream endobj 3060 0 obj <>stream All fields are required unless otherwise indicated. Personal Representative (Executor): Should I Take the Job? 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. There is a will, but the appointed personal representative has died, or is otherwise unwilling or unable to take on the responsibilities. endstream endobj 3061 0 obj <>stream Unfortunately, those needing to deal with probate, do so at a time when they face the emotional challenges of losing someone they cared about. We'll gladly discuss your case with you at your convenience. (They can benefit as beneficiaries of the will but not as executors, except for a compensation fee.). When you send form PA1P to HMCTS, you will need to include: The original will (and codicils, if any). This inquiry call to us is free of charge. Booklet with detailed legal information about the different types of grants and how to apply for them in Alberta. 27 0 obj <> endobj With offices in Calgary and Edmonton, we help you at at time when emotions and stress make things harder. Your estate lawyer can help you determine whether a Grant of Probate in Alberta is required. These applications often allow people to legally sell or manage estate assets in weeks. 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 Public Trustee will not act to clear a deceased persons property unless the Public Trustee is administering the estate. We often receive calls from individuals who live in Calgary and have been appointed as the Executor of a parents Estate. Certain assets in an estate always require probating. Applying for a Grant of Probate can only be done if a personal representative has been named in a will. If someone claims to be administering the estate, they will have documentation verifying thisusually a grant or will. pleting the Specialized Forms for an 6 Com Application for Probate 57 1.orm NC 6.1 Acknowledgment of Trustees F 57 2. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). The deceased persons bank may consider advancing funds from a deceased persons bank account directly to the funeral home for funeral costs. 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. %PDF-1.6 % You may wish to contact a lawyer to provide However, family should come first. Before June 15, 2022, the applicant only had to report assets the deceased owned that were located within Alberta. Lastly, if you want more information you can watch and learn from, click here to watch our video on probate and probate lawyers. 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 Public Trustee cannot provide assistance with applications for a grant. The grant allows the personal representative to legally fulfill their duties as the administrator of the estate. 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. We'll gladly discuss your case with you at your convenience. The order of service and filing has changed to bring the surrogate process in line with all other court filing processes. 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. 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. 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. The executor or administrator of the estate then begins managing and distributing the assets. 0~XU!jn4+vLM#2nbd6[i 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. If you need assistance with administering an estate, please contact a lawyer. 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. 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. 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. 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. Limited Grants of Probate help ensure this process moves quickly to allow you to move forward with the estate more quickly and easily. Priority is usually given to Alberta residents, except for spouses and adult interdependent partners. 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. When people refer to probate or probating a will, they are likely referring to obtaining a grant of probate. 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. See Probate Forms for details. See probate fees in Alberta. The probate process requires extensive paperwork which is often confusing. The registry contains information about who to contact regarding locating the will. D3mbi*. Note:If you are having trouble opening PDF forms (i.e. Letters of Administration issue. You may need to complete one of these forms to support your probate application. You may want to contact a lawyer to discuss specific questions or receive assistance with the administration process. WebApply for probate. Contact us today to schedule an appointment. 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. If you do not have a lawyer, contact the Law Society of Albertas Lawyer Referral Service. There is no hard-and-fast rule that determines when obtaining a grant of probate is necessary. The Public Trustee does not get involved in private disputes regarding estate administration. 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. Do NOT include personal information. 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. A persons personal residence is the asset that most frequently benefits from Limited Grants of Probate. 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;
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