Legislationabout estates, wills and funerals: The Public Trustee as the Representative of a Deceased Persons Estate.
44 0 obj <>stream 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. 0
Anything that deals with time sensitive assets, assets that rapidly depreciate or require a lot of work or money to maintain and more.
Finally, we manage the application process for you.
This inquiry call to us is free of charge.
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Upon receiving the grant, the applicant must serve interested parties with a notice saying the Court has issued the grant. 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.
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.
Contact us today to schedule an appointment. 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 you require specific legal advice on any issue please consult a lawyer. WebCan an executor of an estate in Alberta get a grant of administration?
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.
At West Legal, we take a People First approach.
If beneficiaries are found later, they can still get their money.
You may wish to contact a lawyer if you have any questions about authority. 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. Form NC 2.
Fees may change without notice. Read more about when Probate is necessary in Alberta here.
Do NOT include personal information.
In basic, simple estates, the process to receive a Grant Of Probate takes three to four months. *
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.
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. A Grant of Probate must be obtained by the personal representative to prove that the will is valid in certain cases.
This allows people to sell a home quickly. 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 funeral home will submit the application to the Alberta government. COVID-19: Can Employers legally require their employees to be vaccinated? !)%*M!#'=m i&BK hkD.S]s>k{p Obtain certified copies of the grant. To get answers to questions, use Alberta Connects. If you live in the Edmonton area please reach us directly at (780) 571-8463. A deceased persons property may fall inside the estate or outside the estate. 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. 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.
Grant of Probate Forms If there is no dispute over the will, the personal representative must file a number of non-contentious (NC) documents.
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The new GA forms are intended to create a more streamlined and efficient process for processing grant applications in Alberta.
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While prepared to help right away, we encourage clients to focus on family and grieving first. The Government of Alberta sets out the forms and steps needed Until the court issues this order, no person has the legal right to make decisions for the estate. There are no beneficiary designations on financial accounts. The trustee is the only one who has the legal authority to: The Public Trustee must review all grant applications in Alberta where a minor is a beneficiary of an estate. When a person dies without a will (intestate).
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Our office is closed to the public until further notice as a result of the Covid-19 pandemic. Some assets frequently cause more stress and work to deal with through the estate administration process. Limited Grants of Probate allow for a faster process to sell these assets.
Contact a local registry office for questions about dealing with a deceased persons vehicle.
Many people call us before a funeral happens.
The fees for a Grant of Administration are the same as the fees for a Grant of Probate. If someone claims to be administering the estate, they will have documentation verifying thisusually a grant or will. The forms used before June 15th were called NC (Non-contentious) forms.
If no one is willing to assume the responsibility, the court will issue a Grant of Administration with Will Annexed, appointing a personal representative to administer the estate. The applicant must include here any renunciations, nominations, bonds (for applicants residing outside of Alberta), and consents of beneficiaries to proceeding without a bond. Limited Grants of Probate help ensure this process moves quickly to allow you to move forward with the estate more quickly and easily. 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.
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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.).
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. THE CENTRE FOR PUBLIC LEGAL EDUCATION ALBERTA DOES NOT REPRESENT CLIENTS OR PROVIDE LEGAL ADVICE. Not
Letters of Administration issue. 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.
Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS).
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. If your estate is non-contentious no one is challenging it the forms are available online.
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. Because of this, PA1P is also called the grant of probate form.
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endstream endobj 3061 0 obj <>stream Once you retain a lawyer for probate, most of the work for the Limited Grant of Probate is included in that cost. We typically address the topic of probate during our estate planning consultations. In the Calgary area, please call us at 403-225-8810. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). There are 49 (yes, 49) different NC Forms that may comprise a Probate Application or an Application for a Grant of Administration. 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. 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. Stock or share portfolios in a volatile market.
The forms required for a Grant of Administration when there is no Will are slightly different.
If the deceased person lived in Alberta or had certain assets in Alberta, you will likely need to apply for probate in Alberta.
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. endstream endobj startxref Legal Resource Centre of Alberta This is particularly important if the estate is contentious or complicated.
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any assets the deceased owned jointly with other persons who are not the deceaseds spouse or adult interdependent partner. The order of service and filing has changed to bring the surrogate process in line with all other court filing processes. However, there are circumstances where probate will almost always be required. 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; hL
All fields are required unless otherwise indicated.
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.
Essentially, the order is used for the preservation or property or converting property into another form (for example, money) which is more easily managed.
With some assets, selling the asset quickly is in the best interest of the estate. This means the Court clerks do not review the Inventory.
wills@west-legal.ca or 403-723-0175 to get started. How Criminal Charges Affect Child Custody in Alberta, Alberta COVID-19 Vaccinations & the Workplace. If no one else can, the public trustee will consider managing an estate if the beneficiary is a minor or represented adult. The package would be suitable for citizens who wish to file these applications themselves when an application is not complex in nature. Shelly Chamaschuk is a partner at Reynolds Mirth Richards & Farmer LLP in Edmonton, Alberta.
A notarized copy or a photocopy is unacceptable.
We often receive calls from individuals who live in Calgary and have been appointed as the Executor of a parents Estate. How Has COVID-19 Affected The Legal World in Alberta. 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. As such, the Estate Planning Lawyers at West Legal dont believe in avoiding probate at all costs. This Weeks Wacky Wednesday: The Hawaiian Rolls That Werent, This Weeks Wacky Wednesday: Living the High Life at a Closed Restaurant.
click here to watch our video on probate and probate lawyers.
The information collected here is about the applicants and their right and priority to apply for the grant.
Download forms for applying to the Court of Kings Bench dealing with non-contentious surrogate matters.
In this part, the applicant sets out information about the will and any codicils.
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. Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca.
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.
Probating an estate means making an application to the Surrogate Court in Alberta.
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.
It does not contain the original or a copy of an international will.
Read more about when Probate is necessary in Alberta here. Kahane Law in Calgary helps people with estates regularly.
The Public Trustee cannot provide assistance with applications for a grant.
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We refer to this court order as a Grant Of Probate.
There are no surviving joint owners on the property.
A person entitled to a Grant of Administration may nominate someone else to be the administrator.
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 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. GA3 Notice to Beneficiaries and Other Interested Parties (CTS12966), GA4 Notice to the Public Trustee (CTS12967), GA8 Affidavit of Witness to a Will (CTS12971), GA9 Affidavit of Handwriting (CTS12972), GA10 Affidavit Verifying Translation of a Non-English Will (CTS12973), GA12 Reservation of Right to Apply for a Grant (CTS12975), GA14 Beneficiarys Consent to Waive or Reduce Bond (CTS12977), GA15 Notice to Creditors and Claimants (CTS12978), GA16 Statutory Declaration of Publication (CTS12979), GA17 Statutory Declaration by Creditors and Claimants (CTS12980), GA18 Renunciation of Trusteeship (CTS12981), MP1 Application for an Order Appointing a Trustee of a Minors Property (CTS12985), MP2 Affidavit on Application for an Order Appointing a Trustee of a Minors Property (CTS12986), MP3 Minors Consent to Appointment of Trustee (CTS12987), MP4 Notice to Parent or Guardian of Application to Appoint a Trustee of a Minors Property (CTS12988), MP5 Notice to Public Trustee of Application to Appoint a Trustee of a Minors Property (CTS12989), MP6 Response of Parent or Guardian to Application to Appoint a Trustee of a Minors Property (CTS12990), MP7 Order Appointing a Trustee of a Minors Property (CTS12991), NC 1 Application by personal representative(s) for a grant (CTS3893), NC 2 Affidavit by the personal representative(s) on application for a grant (CTS3894), NC 5 Schedule 3: Personal representative(s) (CTS3897), NC 6 Schedule 4: Beneficiaries (CTS3898), NC 6.1 Acknowledgement of Trustee(s) (CTS12274), NC 7 Schedule 5: Inventory of property and debts (CTS3900), NC 8 Affidavit of witness to a will (CTS3901), NC 9 Affidavit of handwriting of deceased (CTS3902), NC 10 Affidavit verifying translation of non-English will (CTS12276), NC 11 Affidavit of witness to signature (CTS12277), NC 12 Renunciation of probate (CTS12278), NC 12.1 Renunciation of trusteeship (CTS12603), NC 13 Reservation of right to apply for grant of probate (CTS12279), NC 14 Renunciation of administration with will annexed (CTS12280), NC 15 Renunciation of administration (CTS12281), NC 16 Nomination and consent to appointment of personal representative (CTS12282), NC 17 Affidavit to dispense with a bond (CTS12284), NC 19 Notice to beneficiaries (residuary) (CTS3915), NC 20 Notice to beneficiaries (non-residuary) (CTS3916), NC 21 Notice to beneficiaries (intestacy) (CTS3920), NC 22 Notice to spouse of deceased Matrimonial Property Act (CTS12289), NC 23 Notice to spouse/adult interdependent partner of deceased Family Maintenance and Support (CTS12293), NC 24 Notice to dependent child of the deceased Family Maintenance and Support (CTS12294), NC 24.1 Notice to the Public Trustee (CTS12295), NC 25 Affidavit regarding missing or unknown beneficiaries (CTS12296), NC 28 Application by the attorney for the personal representative(s) for a grant (CTS12299), NC 29 Affidavit by the attorney for the personal representative(s) on application for a grant (CTS12300), NC 30 Application by a personal representative for a grant of double probate (CTS12301), NC 31 Affidavit by a personal representative on application for a grant of double probate (CTS12302), NC 32 Application by the personal representative(s) for a resealing or ancillary grant (CTS12303), NC 33 Affidavit by the personal representative(s) on application for a resealing or ancillary grant (CTS12304), NC 34 Notice to Creditors and Claimants (CTS12305), NC 34.1 Statutory Declaration of Publication (CTS12306), NC 35 Statutory declaration by creditors and claimants (CTS12316), NC 43 Application for a grant of trusteeship of the estate of a minor child (CTS12317), NC 44 Affidavit on application for a grant of trusteeship of the estate of a minor child (CTS12318), NC 45 Election of a trustee by a minor (CTS12319), NC 46 Notice concerning a minor child (CTS12320), NC 46.1 Notice to Public Trustee of application to appoint a trustee of a minors property (CTS12604), NC 46.2 Response of Parent or Guardian to application to appoint a trustee of a minors property (CTS12605), NC 48 Order appointing a trustee of a minors property, Order a Surrogate Rules and Forms Package - A User's Guide for Grant Applications. 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. Important To Note: Since the use of Limited Grants, the risky practice of trying to avoid probate is less useful.
Many Executors wonder whether they can avoid hiring a lawyer by applying for the necessary Grant themselves.
After submitting this application, the lawyer then continues with the final order.
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. 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. It also confirms the validity and legitimacy of the deceaseds Last Will. We also have an Edmonton office to help people there. 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.
The applicant must also indicate the net value of the deceaseds estate in Alberta. 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. Lastly, if you want more information you can watch and learn from, click here to watch our video on probate and probate lawyers.
Clients often have questions about the probate process, and rightfully so.
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.
>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 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 [Read more] Get up-to-date on the latest news and upcoming events at CPLEA.
The new GA Forms came into effect on June 15, 2022 for all grant applications in Alberta.
Get the help you need today.
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. [F'SP))xxIm-Ng*wj)9L!wpkw#&p|[[||S{@p~: 0 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: .
Without a complete picture of the estate in question, its impossible to provide a definitive answer as to whether probate will be required.
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.
(Note: the term personal representative is the current legal term used to refer to an executor/executrix, administrator/administratix, and judicial trustee.).
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The process for Limited Grants of Probate closely resembles the actual probate process.
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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. 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).
In this situation, the court issue a Grant of Administration with Will Annexed, appointing a personal representative to administer the estate.
The Government of Alberta sets out the forms and steps needed for these applications in the Surrogate Rules.
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. Review and sign the probate application.
The information in this article was correct at time of publishing. 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 estate lawyers at West Legal will provide you with an honest assessment of whether or not its best to take steps to avoid probate and the associated risks and expenses of doing the same. Booklet with detailed legal information about the different types of grants and how to apply for them in Alberta.
Simple estates, estates with minimal assets and estates where all assets are held with a surviving spouse in joint names may not require probate. Whereas a Grant of Probate is issued when an
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.
The Court accepted applications submitted prior to June 15, 2022 using the old NC forms. %PDF-1.6 % We let you know if you need probate, at no cost. Note:If you are having trouble opening PDF forms (i.e. The Public Trustee will not act to clear a deceased persons property unless the Public Trustee is administering the estate.
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. In addition, it protects the person managing the estate from personal liability. LawNow is a registered trademark in Canada. 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. Where no will exists, or there is a will but the appointed personal representative is deceased, unable or unwilling to act, a person wishing to administer the estate may apply for a grant of administration. When people refer to probate or probating a will, they are likely referring to obtaining a grant of probate.
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. endstream endobj 35 0 obj <>stream Employer Obligations on Federal Election Day 2021.
The grant allows the personal representative to legally fulfill their duties as the administrator of the estate.
You may need to complete one of these forms to support your probate application.
This form is a compilation of the information found in a number of NC forms. 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.
%PDF-1.7 % 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.
Learn about the risks of attempting to avoid probate.
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