Tally the assets within and outside Alberta separately. 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. Effective June 15, 2022, the Court no longer accepts grant applications submitted using the NC forms. 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. 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. Executor of a Will: What Do You Need to Know? 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: . There are 49 (yes, 49) different NC Forms that may comprise a Probate Application or an Application for a Grant of Administration. 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. Due to the technical nature of the process, many people opt to have a lawyer complete the process for them. Review and sign the probate application. Two examples of when property may fall outside the estate are: Property inside the estate is the opposite and the estate may require administration. Court and Justice Services (CJS) provides access to Court of King's Bench Surrogate forms dealing with non-contentious surrogate matters. Many people call us before a funeral happens. The Public Trustee cannot arrange for someone to be reimbursed for funeral expenses, unless the Public Trustee is administering the estate. Jiz39=uC2! qapg[NmJ3VmQ*7NBD`g,H:]B\yqtXNnf @FOu&^;90=+ qufJfEZe{Oe6Ys "N]aL)uGYa Xjd'| 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. The applicant must include here any renunciations, nominations, bonds (for applicants residing outside of Alberta), and consents of beneficiaries to proceeding without a bond. The term probate has little meaning for people until they manage the estate of a loved one. This Weeks Wacky Wednesday: The Hawaiian Rolls That Werent, This Weeks Wacky Wednesday: Living the High Life at a Closed Restaurant. The Estate Administration Act and the Surrogate Rules set out the roles and responsibilities of an applicant (personal representative of an estate). Applying for a Grant of Probate can only be done if a personal representative has been named in a will. 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. The applicant must also indicate the net value of the deceaseds estate in Alberta. Please note that no specific time frame exists for this process to start. First probate forms must be completed, then the appropriate application is made: If there is a valid will the executor will apply for a Grant of Probate. The Public Trustee does not get involved in private disputes regarding estate administration. Personal Representative (Executor): Should I Take the Job? Where no will exists, or there is a will but the appointed personal representative is deceased, unable or unwilling to act, a person wishing to administer the estate may apply for a grant of administration. Without a complete picture of the estate in question, its impossible to provide a definitive answer as to whether probate will be required. Anything that deals with time sensitive assets, assets that rapidly depreciate or require a lot of work or money to maintain and more. The ownership and transfer of a deceaseds jointly-owned assets are governed by rules that have evolved over time through the courts (common law). The estate of the deceased person is responsible for paying for burial and funeral expenses. 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. The executor or administrator of the estate then begins managing and distributing the assets. Get the help you need today. 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. However, the exception to this rule involves situations where these assets ownership is held jointly. Below is a list of commonly used forms. 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). Many Executors wonder whether they can avoid hiring a lawyer by applying for the necessary Grant themselves. The executor appointed in the will cannot complete the administration of the estate and the alternate executor named in the will needs authorization to take over. 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 may be found on the Government of All fields are required unless otherwise indicated. This allows people to sell a home quickly. 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). A persons personal residence is the asset that most frequently benefits from Limited Grants of Probate. This Weeks Wacky Wednesday: Is Happy the Elephant a Person? 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. The personal representative will need to contact the deceased persons bank to inquire. Fees may change without notice. 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. 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; Booklet with detailed legal information about the different types of grants and how to apply for them in Alberta. Note:If you are having trouble opening PDF forms (i.e. The following people must receive this form: The applicant must provide notice of the application to the Public Trustee in certain circumstances. Many assets benefit from using a Limited Grants of Probate. However, there are circumstances where probate will almost always be required. h;@{= N,QQe.M043M&t NyFJ.D& CmR&z~GG_,"t>(~K9nEII d@iB` a|O\-x (^v1 The address for w The probate process requires extensive paperwork which is often confusing. Once we complete the limited grant the rest of the probate follows suit. 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. 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. 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. Save my name, email, and website in this browser for the next time I comment. While prepared to help right away, we encourage clients to focus on family and grieving first. ^ 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. 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. The OPGT charges fees to help offset the cost of settling an estate. a43Y+ eRa .?x8!'0mt }cGQ]\? Save the PDF form to your computer click or right-click the link and download the form. Legal Resource Centre of Alberta We respect that the loss of a loved one is hard on everyone. Whats the Difference Between Civil, Family & Criminal Law? Obtain certified copies of the grant. Limited Grants of Probate allow for a faster process to sell these assets. 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. " ):;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 In basic, simple estates, the process to receive a Grant Of Probate takes three to four months. 0~XU!jn4+vLM#2nbd6[i endstream endobj 3059 0 obj <>stream The package would be suitable for citizens who wish to file these applications themselves when an application is not complex in nature. Suite 625 - Southcentre Executive Tower, You can find the GA forms on the Alberta Queens Printer website (for purchase) and the Government of Alberta website (for free). 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. 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. When a person dies without a will (intestate). Shelly Chamaschuk is a partner at Reynolds Mirth Richards & Farmer LLP in Edmonton, Alberta. The new GA Forms came into effect on June 15, 2022 for all grant applications in Alberta. The information on this website is provided for general information purposes only and is not meant as legal or other professional advice. There is no hard-and-fast rule that determines when obtaining a grant of probate is necessary. Forms to apply for a grant of administration can be found online or you may wish to have a lawyer assist you. 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. 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. Read more about when Probate is necessary in Alberta here. With the Limited Grants of Probate, the court orders that a specific person is in charge of the estate to sell specific items, as needed. 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. 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. WebTitle: GA3 Notice to Beneficiaries and Other Interested Parties Author: 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 applying to the Court for a grant of probate or administration and to inform them of their 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. We let you know if you need probate, at no cost. If there is no will or if the will does not name a personal representative, an individual or corporation can be selected to apply for a Grant of Administration. There is also a new requirement that the applicant provide the Court with proof of death. This is particularly important if the estate is contentious or complicated. Alberta These applications often allow people to legally sell or manage estate assets in weeks. Certain assets in an estate always require probating. It is easier for an executor to sell a home right away and not wait months for the grant of probate. 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. 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. 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