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. Download forms for applying to the Court of Kings Bench dealing with non-contentious surrogate matters. Many assets benefit from using a Limited Grants of Probate. Due to the technical nature of the process, many people opt to have a lawyer complete the process for them. hbbd``b`jASUbiXA@&Fu@#n?_ 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. These applications often allow people to legally sell or manage estate assets in weeks. In the case of a bankrupt estate, the court may appoint a creditor of the estate. In addition, we advise you if using a Limited Grants of Probate best benefits the estate or not. Suite 625 - Southcentre Executive Tower, Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. 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. If worried, please call for direction. The surviving spouse or adult independent partner of the deceased, The children of the deceased, when there is no surviving spouse or adult independent partner, or if they are unwilling or unable to act, The grandchildren of the deceased, when there are no children, or if the children are unwilling or unable to act, Other lineal (blood) descendants of the deceased. Before June 15, 2022, the applicant only had to report assets the deceased owned that were located within Alberta. COVID-19: Can Employers legally require their employees to be vaccinated? Hr4KI@;2_nw\mhyb(aqex`25c ?C,8Px>;dQP=NX!zOH% The law may have changed since then. Kahane Law in Calgary helps people with estates regularly. Looking for articles like this one to be delivered right to your inbox? Tally the assets within and outside Alberta separately. 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). 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. 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. Contact information for executor and lawyer. See Probate Forms for details. We also have an Edmonton office to help people there. When you send form PA1P to HMCTS, you will need to include: The original will (and codicils, if any). The Court accepted applications submitted prior to June 15, 2022 using the old NC forms. WebThe probate process in Alberta can be complicated and can take months or even years to complete. endstream endobj 33 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 34 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. All fields are required unless otherwise indicated. 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. Get the help you need today. 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. WebApply for probate. At times this happens under the direction of the courts. 0 OPGT cannot provide legal advice. We'll gladly discuss your case with you at your convenience. 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. pleting the Specialized Forms for an 6 Com Application for Probate 57 1.orm NC 6.1 Acknowledgment of Trustees F 57 2. 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 Grant of Probate must be obtained by the personal representative to prove that the will is valid in certain cases. +,/vXF(f7k~{ Upon receiving the grant, the applicant must serve interested parties with a notice saying the Court has issued the grant. 44 0 obj <>stream There is also a new requirement that the applicant provide the Court with proof of death. wills@west-legal.ca or 403-723-0175 to get started. (Note: the term personal representative is the current legal term used to refer to an executor/executrix, administrator/administratix, and judicial trustee.). Your estate lawyer can help you determine whether a Grant of Probate in Alberta is required. endstream endobj 32 0 obj <>stream " ):;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 Web2. This allows people to sell a home quickly, learn more about the risk of joint tenancy here. Obtain certified copies of 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. LawNow is a registered trademark in Canada. If your estate is non-contentious no one is challenging it the forms are available online. Further information on this service and locations can be found on the Court and Justice Services (CJS)website. Many Executors wonder whether they can avoid hiring a lawyer by applying for the necessary Grant themselves. Suite 625 - Southcentre Executive Tower, 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. 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. You can also contact the Court of Kings Bench closest to where the deceased lived before they died to ask if any grants have been issued for the deceased persons estate if the person is not willing to share the document with you. 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. 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. You will NOT receive a reply on your feedback. It is easier for an executor to sell a home right away and not wait months for the grant of probate. Wait for the court to issue a Grant of Probate. Forms to apply for a grant of probate can be found online or you may wish to have a lawyer assist you. Anything that deals with time sensitive assets, assets that rapidly depreciate or require a lot of work or money to maintain and more. 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. 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 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. 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 You may want to contact a lawyer to discuss specific questions or receive assistance with the administration process. endstream endobj 3062 0 obj <>stream Not Contact us today to schedule an appointment. Members of the Law Society filing grant applications other This means the Court clerks do not review the Inventory. 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. The applicant may have authority as stated in the will, or, if there is no will, as set out in the Estate Administration Act. endstream endobj 31 0 obj <>stream Many people call us before a funeral happens. 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, Have your lawyer submit the application to the court. ?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 This information is gathered in more detail in Form GA2 Inventory. For example, assets that a quick probate order assists with include: The process for Limited Grants of Probate closely resembles the actual probate process. Shelly Chamaschuk is a partner at Reynolds Mirth Richards & Farmer LLP in Edmonton, Alberta. Filed Under: Estate Planning Tagged With: estate, grant of administration, grant of probate, surrogate court, surrogate forms. 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. Simple estates, estates with minimal assets and estates where all assets are held with a surviving spouse in joint names may not require probate. Top 10 Reasons to Get a Severance Package Reviewed by an Employment Lawyer. Executor of a Will: What Do You Need to Know? Some assets frequently cause more stress and work to deal with through the estate administration process. (They can benefit as beneficiaries of the will but not as executors, except for a compensation fee.). 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. Please note that no specific time frame exists for this process to start. The grant allows the personal representative to legally fulfill their duties as the administrator of the estate. 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]. When people refer to probate or probating a will, they are likely referring to obtaining a grant of probate. 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. To administer the estate, the main tasks of a personal representative are to: Additional information can be found in the Estate Administration Act. However, of those 49 forms, there What you should know When to apply for a grant of administration When someone dies, their property must be dealt with. EDITORS NOTE Read CPLEAs Getting a Grant of Probate and Administration in Alberta booklet to learn more about the process for getting a grant. You may need to complete one of these forms to support your probate application. If the deceased person lived in Alberta or had certain assets in Alberta, you will likely need to apply for probate in Alberta. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Address With some assets, selling the asset quickly is in the best interest of the estate. 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. Probate is granted only after the courts receive all of the information necessary to declare that the will is valid. hVYoF+h#p>$1r%@KkE Lastly, if you want more information you can watch and learn from, click here to watch our video on probate and probate lawyers. Save the PDF form to your computer click or right-click the link and download the form. This is particularly important if the estate is contentious or complicated. We typically address the topic of probate during our estate planning consultations. 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. Form NC 9 Affidavit of Handwriting of Deceased 59 3. For example, a house requires monthly expenses, proper ongoing attention, repairs, maintenance, etc. With offices in Calgary and Edmonton, we help you at at time when emotions and stress make things harder. All fields are required unless otherwise indicated. The Court will not issue a grant until it has received a filed Form GA5 Affidavit of Service for each interested party. Fees may change without notice. Save my name, email, and website in this browser for the next time I comment. %PDF-1.7 % WebCan an executor of an estate in Alberta get a grant of administration? You may want to discuss these questions with a lawyer. 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. While a grant of probate is often required to administer a deceaseds estate, it is not always necessary. When a personwrites theirwill, they usually choose someone to be their personal representative the executor. Criminal & Family Law: How Do They Intersect? In situations where the sale of the estates real property already occurred, a limited grant application helps! a non-residuary beneficiary (a person receiving a specific gift), a residuary beneficiary (a person receiving part of the residue of the estate), a beneficiary on intestacy where there is no will, a family member with a potential claim against the estate (for example, a spouse, adult interdependent adult, former spouse, former adult interdependent adult, minor child, adult child who is unable to earn a livelihood due to a disability). Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. The order of service and filing has changed to bring the surrogate process in line with all other court filing processes. 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. Effective June 15, 2022, the Court no longer accepts grant applications submitted using the NC forms. As such, the Estate Planning Lawyers at West Legal dont believe in avoiding probate at all costs. 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. However, in some cases, the Executors parent has passed away in a different province. Forms to apply for a grant of administration can be found online or you may wish to have a lawyer assist you. The OPGT charges fees to help offset the cost of settling an estate. 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. Essentially, the order is used for the preservation or property or converting property into another form (for example, money) which is more easily managed. This inquiry call to us is free of charge. 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 Clients often have questions about the probate process, and rightfully so. Once you retain a lawyer for probate, most of the work for the Limited Grant of Probate is included in that cost. 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.
