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.). Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. While a grant of probate is often required to administer a deceaseds estate, it is not always necessary. You may want to discuss these questions with a lawyer. The forms used before June 15th were called NC (Non-contentious) forms. 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] D3mbi*. Unfortunately, those needing to deal with probate, do so at a time when they face the emotional challenges of losing someone they cared about. All fields are required unless otherwise indicated. %PDF-1.7 % Its sensible for you to reach out to us or another Calgary probate lawyer, even if your loved one passed away out-of-province. To best assist you, we offer free consultations regarding probate, Limited Grants of Probate and determining if you require this process at all. 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. For example, assets that a quick probate order assists with include: The process for Limited Grants of Probate closely resembles the actual probate process. 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. 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 ^ 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 new rules and forms came into effect on June 15, 2022. Do NOT include personal information. OPGT cannot provide legal advice. What you should know When to apply for a grant of administration When someone dies, their property must be dealt with. Top 10 Reasons to Get a Severance Package Reviewed by an Employment Lawyer. endstream endobj 32 0 obj <>stream She is the firms Wills, Estates & Trusts Team Lead, helping businesses, family enterprises, and individuals meet their legal needs, now and for the future. 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. 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 Personal Representative (Executor): Should I Take the Job? Contact information for executor and lawyer. If you do not have a lawyer, contact the Law Society of Albertas Lawyer Referral Service. As such, the Estate Planning Lawyers at West Legal dont believe in avoiding probate at all costs. 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 Public Trustee cannot arrange for someone to be reimbursed for funeral expenses, unless the Public Trustee is administering the estate. You will NOT receive a reply on your feedback. The old NC forms had different notices for different beneficiaries. The new GA forms are intended to create a more streamlined and efficient process for processing grant applications in 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. Contact us today to schedule an appointment. Our office is closed to the public until further notice as a result of the Covid-19 pandemic. alTlI!n^.ww_j83n`!1 &Vz958)0K.PQP_Rb ^1c Not every form must be used in every case. 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 Application by the Personal Representative(s) for a grant of: Author: Government of Alberta Subject: Identifies the type of grant applied for by the personal representative, along with other Forms to apply for a grant of administration can be found online or you may wish to have a lawyer assist you. endstream endobj 35 0 obj <>stream There is now one consolidated notice form for all beneficiaries and other interested parties. LawNow is a registered trademark in Canada. 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. In this situation, the court issue a Grant of Administration with Will Annexed, appointing a personal representative to administer the estate. We understand that there is more to you than the legal inquiry that brought you in. [F'SP))xxIm-Ng*wj)9L!wpkw#&p|[[||S{@p~: 0 +,/vXF(f7k~{ 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. 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. You may be required to pay a fee for this service. Then the appropriate 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. Legislationabout estates, wills and funerals: The Public Trustee as the Representative of a Deceased Persons Estate. If your estate is non-contentious no one is challenging it the forms are available online. In these situations, on completion of the sale, the sale proceeds sit in the estates bank account and wait for the final probate order. Information provided was current as of publication date of issue . Let us send you information and start helping right away by emailing us directly.We also enjoy taking your calls. The Public Trustee will review the submitted documents and respond to the 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. 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. 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. 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 probate process requires extensive paperwork which is often confusing. (Note: the term personal representative is the current legal term used to refer to an executor/executrix, administrator/administratix, and judicial trustee.). It also confirms the validity and legitimacy of the deceaseds Last Will. The Estate Administration Act and the Surrogate Rules set out the roles and responsibilities of an applicant (personal representative of an estate). LnRiLWZpZWxke21hcmdpbi1ib3R0b206MC43NmVtfS50Yi1maWVsZC0tbGVmdHt0ZXh0LWFsaWduOmxlZnR9LnRiLWZpZWxkLS1jZW50ZXJ7dGV4dC1hbGlnbjpjZW50ZXJ9LnRiLWZpZWxkLS1yaWdodHt0ZXh0LWFsaWduOnJpZ2h0fS50Yi1maWVsZF9fc2t5cGVfcHJldmlld3twYWRkaW5nOjEwcHggMjBweDtib3JkZXItcmFkaXVzOjNweDtjb2xvcjojZmZmO2JhY2tncm91bmQ6IzAwYWZlZTtkaXNwbGF5OmlubGluZS1ibG9ja311bC5nbGlkZV9fc2xpZGVze21hcmdpbjowfQ==, ICAgQG1lZGlhIG9ubHkgc2NyZWVuIGFuZCAobWF4LXdpZHRoOiA3ODFweCkgeyAgICAgfSBAbWVkaWEgb25seSBzY3JlZW4gYW5kIChtYXgtd2lkdGg6IDU5OXB4KSB7ICAgICB9IA==. 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). In the Calgary area, please call us at 403-225-8810. 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. 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, COVID-19: Can Employers legally require their employees to be vaccinated? The grant provides official confirmation of a personal representative, protecting these kinds of third-party organizations. 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. 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; 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. The fees for a Grant of Administration are the same as the fees for a Grant of Probate. Due to the technical nature of the process, many people opt to have a lawyer complete the process for them. This inquiry call to us is free of charge. The Court accepted applications submitted prior to June 15, 2022 using the old NC forms. 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. 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. The Court will not issue a grant until it has received a filed Form GA5 Affidavit of Service for each interested party. The grant allows the personal representative to legally fulfill their duties as the administrator of the estate. The GA forms are fillable PDF forms that you can download and save. 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. You can also order the forms from the Alberta Queens Printer (or call 780-427-4952). endstream endobj 33 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 34 0 obj <>stream Our lawyers help when you need it. 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. 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. 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. Acceptable documents proving death are a Death Certificate or Funeral Directors Statement of Death. h;@{= N,QQe.M043M&t NyFJ.D& CmR&z~GG_,"t>(~K9nEII d@iB` a|O\-x (^v1 If you need to reach us please call 780-451-8764 (you will have to leave a message) or email. When people refer to probate or probating a will, they are likely referring to obtaining a grant of probate. This is particularly important if the estate is contentious or complicated. Upon receiving the grant, the applicant must serve interested parties with a notice saying the Court has issued the grant. This Weeks Wacky Wednesday: Is Happy the Elephant a Person? The probate process is not nearly as time-consuming or cost-involved as people often assume. The Court uses the net value of the estate to calculate the court fees charged for processing and issuing the grant. Obtain certified copies of the grant. 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. Before June 15, 2022, the applicant only had to report assets the deceased owned that were located within Alberta. Further information on this service and locations can be found on the Court and Justice Services (CJS) website. Criminal & Family Law: How Do They Intersect? 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. Form NC 2. |`e. Ideally, we help relieve you of some of the legal and logistical parts of managing that loved ones estate. When a personwrites theirwill, they usually choose someone to be their personal representative the executor. Two examples of when property may fall outside the estate are: Property inside the estate is the opposite and the estate may require administration. 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. The package also includes a link to all applicable court forms required for your application. 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. 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. 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