Do NOT include personal information. For example, a house requires monthly expenses, proper ongoing attention, repairs, maintenance, etc. See Probate Forms for details. Forms to apply for a grant of administration can be found online or you may wish to have a lawyer assist you. Executor of a Will: What Do You Need to Know? Probate is granted only after the courts receive all of the information necessary to declare that the will is valid. 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 Alberta The applicant must also indicate the net value of the deceaseds estate in Alberta. The applicant must list all debts and expenses of the deceased as of the date of death. +,/vXF(f7k~{ Once you retain a lawyer for probate, most of the work for the Limited Grant of Probate is included in that cost. 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. In addition, we advise you if using a Limited Grants of Probate best benefits the estate or not. 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. 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. 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. 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. Applying for the Grant of Probate in Alberta Once all the information has been collected, the probate forms must be completed. MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. 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 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. Due to the technical nature of the process, many people opt to have a lawyer complete the process for them. 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. 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 Administering an estate is a legal matter. ^ Lastly, if you want more information you can watch and learn from, click here to watch our video on probate and probate lawyers. Government of Alberta Subject: Members of the public, or their lawyers complete and submit this form to the Court of King's Bench in estate matters when they need a grant of probate, Below is a list of commonly used forms. 27 0 obj <> endobj Please contact a lawyer for assistance. All fields are required unless otherwise indicated. All fields are required unless otherwise indicated. 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. 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 grant provides official confirmation of a personal representative, protecting these kinds of third-party organizations. 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. 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 not act to clear a deceased persons property unless the Public Trustee is administering 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. If you have any questions about how your probate application might be impacted, you can reach out to the probate registry or a lawyer. 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. Our office is closed to the public until further notice as a result of the Covid-19 pandemic. When a person dies without a will (intestate). The Public Trustee cannot arrange for someone to be reimbursed for funeral expenses, unless the Public Trustee is administering the estate. EDITORS NOTE Read CPLEAs Getting a Grant of Probate and Administration in Alberta booklet to learn more about the process for getting a grant. 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. There is a will, but the appointed personal representative has died, or is otherwise unwilling or unable to take on the responsibilities. However, while mostly used for probating real estate, there are more assets that benefit from this type of probate application. If you do not have a lawyer, contact the Law Society of Albertas Lawyer Referral Service. 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. We typically address the topic of probate during our estate planning consultations. 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. 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.). endstream endobj 35 0 obj <>stream 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. The Public Trustee will consider getting involved only if: The Public Trustee does not become involved in family disputes or provide legal advice. endstream endobj 31 0 obj <>stream Contact a local registry office for questions about dealing with a deceased persons vehicle. The grant allows the personal representative to legally fulfill their duties as the administrator of the estate. Calgary, The personal representative or executor of the estate is responsible for arranging this but family or friends may do so if there is no personal representative or executor. In situations where the sale of the estates real property already occurred, a limited grant application helps! The process for Limited Grants of Probate closely resembles the actual probate process. Review and sign the probate application. If no one else can, the public trustee will consider managing an estate if the beneficiary is a minor or represented adult. alTlI!n^.ww_j83n`!1 &Vz958)0K.PQP_Rb ^1c Estate lawyers work with probate documents regularly and are able to ensure the application proceeds smoothly. The Government of Alberta sets out the forms and steps needed for these applications in the Surrogate Rules. There are no surviving joint owners on the property. Many people call us before a funeral happens. If you have concerns about how a personal representative is administering an estate, you may want to speak with a lawyer to learn more about your rights and what you can do to ensure your interests are protected. Filed Under: Estate Planning Tagged With: estate, grant of administration, grant of probate, surrogate court, surrogate forms. The ownership and transfer of a deceaseds jointly-owned assets are governed by rules that have evolved over time through the courts (common law). Legal Information for Senior AlbertansLearn how to identify, prevent, and deal with Elder Abuse. WebApply for probate. The fees for a Grant of Administration are the same as the fees for a Grant of Probate. WebThe probate process in Alberta can be complicated and can take months or even years to complete. * In these situations, on completion of the sale, the sale proceeds sit in the estates bank account and wait for the final probate order. / L0!/A-W[ g1 Contact us today to schedule an appointment. The order of service and filing has changed to bring the surrogate process in line with all other court filing processes. 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. 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. You can also order the forms from the Alberta Queens Printer (or call 780-427-4952). The personal representative will need to contact the deceased persons bank to inquire. (Note: the term personal representative is the current legal term used to refer to an executor/executrix, administrator/administratix, and judicial trustee.). Whats the Difference Between Civil, Family & Criminal Law? 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. In an effort to modernize and simplify the process for getting a grant, Alberta amended these Surrogate Rules and simplified the forms. Some assets frequently cause more stress and work to deal with through the estate administration process. There is no hard-and-fast rule that determines when obtaining a grant of probate is necessary. Getting a Grant of Probate or Administration, Order Free Print Copies of our Legal Resources, COVID-19: Information for Alberta Landlords and Tenants, 10 Rights atWork You Probably Didn't Know You Have in Alberta, Renting 101: A Guide to Renting in Alberta, 11 Alberta Workplace Rights Most People Think They Have but Don't. Not Certain assets in an estate always require probating. Until the court issues this order, no person has the legal right to make decisions for the estate. 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. Probating an estate means making an application to the Surrogate Court in Alberta. Letters of Administration issue. You can apply for probate yourself online or by post. It does not contain the original or a copy of an international will. A deceased persons property may fall inside the estate or outside the estate. Applying for a Grant of Probate can only be done if a personal representative has been named in a will. 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. Whether or not you decide to administer an estate depends on the property and debts in the estate. Clients often have questions about the probate process, and rightfully so. This Weeks Wacky Wednesday: The Hawaiian Rolls That Werent, This Weeks Wacky Wednesday: Living the High Life at a Closed Restaurant. Please note that no specific time frame exists for this process to start. endstream endobj 3059 0 obj <>stream In this situation, the court issue a Grant of Administration with Will Annexed, appointing a personal representative to administer the estate. The Alberta probate forms, required by the Surrogate Rules, to apply for a Grant of Probate are: Form NC 1. The registry contains information about who to contact regarding locating the will. While technically yes, in reality not all estates require probate. To get answers to questions, use Alberta Connects. Without a complete picture of the estate in question, its impossible to provide a definitive answer as to whether probate will be required. As such, the Estate Planning Lawyers at West Legal dont believe in avoiding probate at all costs. Form NC 2. 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 You may wish to contact a lawyer to provide 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]. This form is a compilation of the information found in a number of NC forms. WebCan an executor of an estate in Alberta get a grant of administration? 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. 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). endstream endobj 33 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 34 0 obj <>stream Web2. 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: . determine if the represented adult has any other claims against the estate, accept the represented adults share of the estate, a NC24.1 form (one form for each minor who is a beneficiary). We also have an Edmonton office to help people there. 0~XU!jn4+vLM#2nbd6[i Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). A persons personal residence is the asset that most frequently benefits from Limited Grants of Probate. 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 Administration Act and the Surrogate Rules set out the roles and responsibilities of an applicant (personal representative of an estate). Now, the Form GA1 sets out many of these roles, responsibilities, and duties of the personal representative, and the applicant must acknowledge and undertake to perform them. This review may take a week or more so the personal representative should ensure that the documents are submitted well in advance of any closing date. Fees may change without notice. click here to watch our video on probate and probate lawyers. Further information on this service and locations can be found on the Court and Justice Services (CJS) website. D3mbi*. Learn more below or call the probate lawyers at Kahane Law Office. This part lists the names, mailing addresses and email addresses of the beneficiaries of the estate, along with a description of the gift each beneficiary is to receive. Hr4KI@;2_nw\mhyb(aqex`25c ?C,8Px>;dQP=NX!zOH% Many Executors wonder whether they can avoid hiring a lawyer by applying for the necessary Grant themselves. endstream endobj 3062 0 obj <>stream Contact a lawyer if you need assistance determining whether you should administer an estate. Personal Representative (Executor): Should I Take the Job? 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. Forms may be found on the Government of 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 Successfully obtaining the grant gives the administrator the same power as an executor. 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. 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. Limited Grant Of Probate Process. Contact information for executor and lawyer. Members of the Law Society filing grant applications other than probate must include a GA1 Submission Eligibility Form (PDF, 35 KB) with each application indicating why it is not eligible to be processed through the SDS. Let us send you information and start helping right away by emailing us directly.We also enjoy taking your calls. Typically, a grant of probate is obtained for estates where a valid will exists that appoints a willing and able personal representative. 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. Limited Grants of Probate allow for a faster process to sell these assets. How Criminal Charges Affect Child Custody in Alberta, Alberta COVID-19 Vaccinations & the Workplace. To best assist you, we offer free consultations regarding probate, Limited Grants of Probate and determining if you require this process at all. Needed for these applications in the Surrogate Rules, to apply for a grant administration! In situations where the sale of the estate or not you decide to administer an.! 27 0 obj < > stream contact a lawyer assist you at Kahane Law office more assets that from... 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