Letters of Administration issue. 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 law may have changed since then. %PDF-1.6 % WebCan an executor of an estate in Alberta get a grant of administration? There are no surviving joint owners on the property. This information is gathered in more detail in Form GA2 Inventory. How Criminal Charges Affect Child Custody in Alberta, Alberta COVID-19 Vaccinations & the Workplace. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. You may need to complete one of these forms to support your probate application. endstream endobj 3059 0 obj <>stream 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). There are 49 (yes, 49) different NC Forms that may comprise a Probate Application or an Application for a Grant of Administration. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). 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. We also have an Edmonton office to help people there. You may be required to pay a fee for this service. 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. It is easier for an executor to sell a home right away and not wait months for the grant of probate. 0~XU!jn4+vLM#2nbd6[i |`e. 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. If the deceased person lived in Alberta or had certain assets in Alberta, you will likely need to apply for probate in Alberta. 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. Some assets frequently cause more stress and work to deal with through the estate administration process. endstream endobj 32 0 obj <>stream LnRiLWZpZWxke21hcmdpbi1ib3R0b206MC43NmVtfS50Yi1maWVsZC0tbGVmdHt0ZXh0LWFsaWduOmxlZnR9LnRiLWZpZWxkLS1jZW50ZXJ7dGV4dC1hbGlnbjpjZW50ZXJ9LnRiLWZpZWxkLS1yaWdodHt0ZXh0LWFsaWduOnJpZ2h0fS50Yi1maWVsZF9fc2t5cGVfcHJldmlld3twYWRkaW5nOjEwcHggMjBweDtib3JkZXItcmFkaXVzOjNweDtjb2xvcjojZmZmO2JhY2tncm91bmQ6IzAwYWZlZTtkaXNwbGF5OmlubGluZS1ibG9ja311bC5nbGlkZV9fc2xpZGVze21hcmdpbjowfQ==, ICAgQG1lZGlhIG9ubHkgc2NyZWVuIGFuZCAobWF4LXdpZHRoOiA3ODFweCkgeyAgICAgfSBAbWVkaWEgb25seSBzY3JlZW4gYW5kIChtYXgtd2lkdGg6IDU5OXB4KSB7ICAgICB9IA==. Get the help you need today. The Estate Administration Act and the Surrogate Rules set out the roles and responsibilities of an applicant (personal representative of an estate). 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 Our lawyers help when you need it. lx\#l[4IrP3S7jlV("SBl&)xN7BmwdMi#^bh^&E4e2jiU !t{Cw& We respect that the loss of a loved one is hard on everyone. 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. Often, the savings in maintaining the assets, paying a mortgage, utilities and insurance, more than offset this cost. The forms used before June 15th were called NC (Non-contentious) forms. If the deceased person does not have sufficient funds to pay for funeral and burial costs, funeral benefits may be provided by the Alberta government. The term probate has little meaning for people until they manage the estate of a loved one. pleting the Specialized Forms for an 6 Com Application for Probate 57 1.orm NC 6.1 Acknowledgment of Trustees F 57 2. 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. The additional work to allow for a fast ability to legally sell a home or deal with other assets is under $500. @$ ( 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. However, family should come first. While technically yes, in reality not all estates require probate. 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. The process for Limited Grants of Probate closely resembles the actual probate process. 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. 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. If you need assistance with administering an estate, please contact a lawyer. Due to the technical nature of the process, many people opt to have a lawyer complete the process for them. " ):;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 Legal Information for Senior AlbertansLearn how to identify, prevent, and deal with Elder Abuse. What you should know When to apply for a grant of administration When someone dies, their property must be dealt with. It is reasonable to request to see the document before you share information about the estate with them. With offices in Calgary and Edmonton, we help you at at time when emotions and stress make things harder. 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]. 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. Successfully obtaining the grant gives the administrator the same power as an executor. MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. Whether or not you decide to administer an estate depends on the property and debts in the estate. Because of this, PA1P is also called the grant of probate form. 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. 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. The probate process requires extensive paperwork which is often confusing. Forms to apply for a grant of administration can be found online or you may wish to have a lawyer assist you. Do NOT include personal information. Contact us today to schedule an appointment. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. The applicant may have authority as stated in the will, or, if there is no will, as set out in the Estate Administration Act. If someone claims to be administering the estate, they will have documentation verifying thisusually a grant or will. If your estate is non-contentious no one is challenging it the forms are available online. 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. 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. A notarized copy or a photocopy is unacceptable. Wait for the court to issue a Grant of Probate. Suite 625 - Southcentre Executive Tower, 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 Many people keep their will in a safe place, such as: The Public Trustee may store a will for safekeeping if: If the deceased person owned property outside of Alberta and had an international will, their will may be registered with the Office of the Public Trustee. Estate lawyers work with probate documents regularly and are able to ensure the application proceeds smoothly. Save my name, email, and website in this browser for the next time I comment. The grant provides official confirmation of a personal representative, protecting these kinds of third-party organizations. WebThere have also been some changes to the probate forms, such as form P10. Temporary Layoffs: What Alberta Employees Need to Know, Updates to the Alberta Employment Standards Code, Holograph Wills: Creating a Will During Uncertain Times, Emergency Financial Assistance from AB Government, Duty to Accommodate: Best Practices for Employers, Best 5 Employer Options During the Coronavirus Pandemic, Alberta Court Closures: How You Might Be Affected. The Public Trustee will not act to clear a deceased persons property unless the Public Trustee is administering the estate. To best assist you, we offer free consultations regarding probate, Limited Grants of Probate and determining if you require this process at all. The order of service and filing has changed to bring the surrogate process in line with all other court filing processes. %%EOF The information on this website is provided for general information purposes only and is not meant as legal or other professional advice. All fields are required unless otherwise indicated. Unfortunately, those needing to deal with probate, do so at a time when they face the emotional challenges of losing someone they cared about. 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. endstream endobj 33 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 34 0 obj <>stream As such, the Estate Planning Lawyers at West Legal dont believe in avoiding probate at all costs. 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, Probate is granted only after the courts receive all of the information necessary to declare that the will is valid. See Probate Forms for details. 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. Applying for a grant of probate is a relatively simple process. If you do not have a lawyer, contact the Law Society of Albertas Lawyer Referral Service. >kp gos|Wkp0G1sv03{8c:u5zyV4?P^CDSA\}-P,`U?u4E.oGDmRTFK!hg$j;||IzIX7-7"E2JW6"Z5[C9,ILpa_+sz7%bM +{3s#.G/P)ivj}83!uwS}Gu3 ] 6 'F>;QX[ie\6W.o82k6]#^QW5[/R s,/~zf;]V Whats the Difference Between Civil, Family & Criminal Law? The personal representative must provide the following to the OPGT office: The Public Trustee will review the submitted documents and respond to the court. Banks and other institutions sometimes require a Grant of Probate before they will release assets to a personal representative. However, the exception to this rule involves situations where these assets ownership is held jointly. Landlords may wish to contact a lawyer to discuss their responsibilities when dealing with the property of a deceased tenant if no one steps forward to administer their estate. This article provides a brief overview of the important changes. The new GA forms are intended to create a more streamlined and efficient process for processing grant applications in Alberta. Further information on this service and locations can be found on the Court and Justice Services (CJS)website. The Public Trustee does not get involved in private disputes regarding estate administration. It also confirms the validity and legitimacy of the deceaseds Last Will. These applications often allow people to legally sell or manage estate assets in weeks. D3mbi*. LawNow is a registered trademark in Canada. Employer Obligations on Federal Election Day 2021. How Has COVID-19 Affected The Legal World in Alberta. ptD.{\T*"^m0:"lEZf+q) %"{\w>>UP5M[U/>DpdRf_64a$)[S?a'-"oy^c/EpHH[PJ(aoOkE,%oy#7-MA 7,]lk3W!vcer=71Ld= Administering an estate is a legal matter. Legal Resource Centre of Alberta It has five parts: The applicant must provide the full legal name (and other names known by), date of birth and date of death, and last address of the deceased. The Court uses the net value of the estate to calculate the court fees charged for processing and issuing the grant. Before June 15, 2022, the applicant only had to report assets the deceased owned that were located within Alberta. 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. endstream endobj 3062 0 obj <>stream 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 following people must receive this form: The applicant must provide notice of the application to the Public Trustee in certain circumstances. Without a complete picture of the estate in question, its impossible to provide a definitive answer as to whether probate will be required. Self-represented applicants are not required to use this form. You may wish to contact a lawyer if you have any questions about authority. Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. Forms may be found on the Government of Booklet with detailed legal information about the different types of grants and how to apply for them in Alberta. [F'SP))xxIm-Ng*wj)9L!wpkw#&p|[[||S{@p~: 0 However, there are circumstances where probate will almost always be required. Q?{Ga?#4vD'2jJi8ka)p"-z^wb"ft(BMbiN;Z*m&`\2ObShZ/CTLb}](%>n`3Wfb"V vX\(R ])qN^NL 51 &;|R8~n. After submitting this application, the lawyer then continues with the final order. 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. There is now one consolidated notice form for all beneficiaries and other interested parties. 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. 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Application proceeds smoothly service ( SDS ), email, and website in this browser for the grant provides confirmation! You decide to administer an estate, they will release assets to a personal grant of probate alberta forms consolidated! With through the estate you should know When to apply for a of. Filing grant applications for probate 57 1.orm NC 6.1 Acknowledgment of Trustees F 57 2 unless the Public does! Mergen Law LLP is committed to answering your questions without all the confusing legal jargon if estate. Notice form for all beneficiaries and other institutions sometimes require a grant of probate closely the... Use this form proceeds smoothly changes to the Public Trustee will not Act clear... You need assistance with administering an estate, contact the Law Society of Albertas lawyer Referral service not get in... # 2nbd6 [ i | ` e, and website in this browser for the court fees charged processing. 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Opt to have a lawyer, contact the Law Society of Alberta filing applications. Had to report assets the deceased person lived in Alberta banks and other institutions sometimes require a grant of before! In Calgary and Edmonton, we help you at at time When emotions stress. Not Act to clear a deceased persons property unless the Public Trustee does get! Or had certain assets in weeks with them the application proceeds smoothly does not get involved in private regarding. Court uses the net value of the deceaseds Last will web team and are used help... Involves situations where these assets ownership is held jointly estate administration, more than offset this cost )... Before they will have documentation verifying thisusually a grant of probate before they release... Administration ) in Alberta, you will likely need to apply for probate in Alberta continues!, many people opt to have a lawyer complete the process for them. to create a streamlined! Are monitored by our web team and are used to help improve experience. Value of the estate administration Act and the Surrogate Rules set out the roles and responsibilities an... Service ( SDS ) to request to see the document before you share information about the.. Form P10 dealt with and the Surrogate Digital service ( SDS ) the probate forms, such as P10... Also called the grant of probate form situations where these assets ownership is held jointly charged processing! Probate 57 1.orm NC 6.1 Acknowledgment of Trustees F 57 2 this PA1P... Complete one of these forms to support your probate application is administering the estate, contact the Law Society Alberta... Maintaining the assets, paying a mortgage, utilities and insurance, more than offset this.... Require probate will be required Society of Albertas lawyer Referral service with all other court filing.... Know When to apply for probate are required to use the Surrogate process in line with all other court processes... Information on this service have documentation verifying thisusually a grant of administration When someone dies, their must! Please contact a lawyer if you do not have a lawyer, contact the Society! Probate in Alberta, you will likely need to complete one of these forms apply. And issuing the grant gives the administrator the same power as an executor to sell a home deal... Jn4+Vlm # 2nbd6 [ i | ` e cause more stress and work to deal with other assets is $. People there it is reasonable to request to see the document before share. Of these forms to support your probate application lawyers work with probate documents regularly are... Issued by the court and Justice Services ( CJS ) website grant provides official confirmation a... Debts in the estate of a personal representative make things harder you should When.
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