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. These include homes, land, bank accounts with large balances, some corporate assets, some stock or investment accounts,etc. If worried, please call for direction. However, in some cases, the Executors parent has passed away in a different province. Obtain certified copies of the grant. 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 Forms to apply for a grant of probate can be found online or you may wish to have a lawyer assist you. You will NOT receive a reply on your feedback. Q?{Ga?#4vD'2jJi8ka)p"-z^wb"ft(BMbiN;Z*m&`\2ObShZ/CTLb}](%>n`3Wfb"V vX\(R ])qN^NL 51 &;|R8~n. 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. 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. 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. WebAlways ensure that, if you live in Alberta, that you understand the process here. Download forms for applying to the Court of Kings Bench dealing with non-contentious surrogate matters. 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. A persons personal residence is the asset that most frequently benefits from Limited Grants of Probate. 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). This Weeks Wacky Wednesday: The Hawaiian Rolls That Werent, This Weeks Wacky Wednesday: Living the High Life at a Closed Restaurant. Suite 625 - Southcentre Executive Tower, MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. To fill in and save the form: If you are still having problems opening the form, contact PDF form technical support. 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. 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. 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. To administer the estate, the main tasks of a personal representative are to: Additional information can be found in the Estate Administration Act. 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. Finally, we manage the application process for you. The estate of the deceased person is responsible for paying for burial and funeral expenses. hkK0JKrzY"8uDFVk7'rd4. EDITORS NOTE Read CPLEAs Getting a Grant of Probate and Administration in Alberta booklet to learn more about the process for getting a grant. Learn about the risks of attempting to avoid 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; wills@west-legal.ca or 403-723-0175 to get started. There is also a new requirement that the applicant provide the Court with proof of death. See probate fees in Alberta. Jiz39=uC2! qapg[NmJ3VmQ*7NBD`g,H:]B\yqtXNnf @FOu&^;90=+ qufJfEZe{Oe6Ys "N]aL)uGYa Xjd'| 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. Anything that deals with time sensitive assets, assets that rapidly depreciate or require a lot of work or money to maintain and more. Read more about when Probate is necessary in Alberta here. At times this happens under the direction of the courts. Effective June 15, 2022, the Court no longer accepts grant applications submitted using the NC forms. 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 In this situation, the court issue a Grant of Administration with Will Annexed, appointing a personal representative to administer the estate. 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. 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. The information collected here is about the applicants and their right and priority to apply for the grant. ?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 ^ Often, the savings in maintaining the assets, paying a mortgage, utilities and insurance, more than offset this cost. The executor or administrator of the estate then begins managing and distributing the assets. THE CENTRE FOR PUBLIC LEGAL EDUCATION ALBERTA DOES NOT REPRESENT CLIENTS OR PROVIDE LEGAL ADVICE. Review and sign the probate application. Do NOT include personal information. These forms are replaced by new forms called GA (Grant Application) forms. There are no surviving joint owners on the property. 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. In Form GA2, the applicant must now list: This is a list of assets located within or outside Alberta, such as land, bank accounts, investment accounts, shares in companies, annuities, life insurance, household goods, and personal effects. Those circumstances include estates where there is no surviving spouse as a joint tenant, where assets are in the name of the deceased only, where the estate has significant asset value, where there is no will and where the will is of dubious validity. Priority is usually given to Alberta residents, except for spouses and adult interdependent partners. ALBERTA 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 This means the Court clerks do not review the Inventory. 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. This is particularly important if the estate is contentious or complicated. This gives a legal right to a person to make those decisions. 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. pleting the Specialized Forms for an 6 Com Application for Probate 57 1.orm NC 6.1 Acknowledgment of Trustees F 57 2. Criminal & Family Law: How Do They Intersect? 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. You may wish to contact a lawyer if you have any questions about estate debts. The package would be suitable for citizens who wish to file these applications themselves when an application is not complex in nature. If the deceased person lived in Alberta or had certain assets in Alberta, you will likely need to apply for probate in Alberta. Applying for a grant of probate is a relatively simple process. 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. 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 probate process is not nearly as time-consuming or cost-involved as people often assume. 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. 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. Ideally, we help relieve you of some of the legal and logistical parts of managing that loved ones estate. 0 Top 10 Reasons to Get a Severance Package Reviewed by an Employment Lawyer. Once we complete the limited grant the rest of the probate follows suit. You may wish to contact a lawyer to provide assistance with determining if a grant is required. The information on this website is provided for general information purposes only and is not meant as legal or other professional advice. Unfortunately, those needing to deal with probate, do so at a time when they face the emotional challenges of losing someone they cared about. 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. This allows people to sell a home quickly, learn more about the risk of joint tenancy here. We typically address the topic of probate during our estate planning consultations. WebThe probate process in Alberta can be complicated and can take months or even years to complete. The GA forms are fillable PDF forms that you can download and save. Alberta 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. 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. 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, 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 get answers to questions, use Alberta Connects. Whats the Difference Between Civil, Family & Criminal Law? 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 and no other party is administering. 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