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. 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. Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. Certain assets in an estate always require probating. Whether or not you decide to administer an estate depends on the property and debts in the estate. To administer the estate, the main tasks of a personal representative are to: Additional information can be found in the Estate Administration Act. If it is issued from a court of a jurisdiction other than Alberta, it must be resealed by the Court of - s Bench. %PDF-1.6 % wills@west-legal.ca or 403-723-0175 to get started. Learn more below or call the probate lawyers at Kahane Law Office. There is now one consolidated notice form for all beneficiaries and other interested parties. Often, the savings in maintaining the assets, paying a mortgage, utilities and insurance, more than offset this cost. Obtain certified copies of the grant. The application should be made as soon as possible after the person's death while allowing time to collect all the required information and ensure the forms are filled out correctly. The Court uses the net value of the estate to calculate the court fees charged for processing and issuing the grant. 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. 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, The additional work to allow for a fast ability to legally sell a home or deal with other assets is under $500. However, there are circumstances where probate will almost always be required. A persons personal residence is the asset that most frequently benefits from Limited Grants of Probate. The estate of the deceased person is responsible for paying for burial and funeral expenses. ptD.{\T*"^m0:"lEZf+q) %"{\w>>UP5M[U/>DpdRf_64a$)[S?a'-"oy^c/EpHH[PJ(aoOkE,%oy#7-MA 7,]lk3W!vcer=71Ld= There is no hard-and-fast rule that determines when obtaining a grant of probate is necessary. 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. 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. Without a complete picture of the estate in question, its impossible to provide a definitive answer as to whether probate will be required. If you have any questions about how your probate application might be impacted, you can reach out to the probate registry or a lawyer. The OPGT charges fees to help offset the cost of settling an estate. The process takes time, money and energy. 44 0 obj <>stream MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. Probate is granted only after the courts receive all of the information necessary to declare that the will is valid. 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. You will NOT receive a reply on your feedback. Open the PDF form with Adobe Reader. 0 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. WebThe probate process in Alberta can be complicated and can take months or even years to complete. Forms to apply for a grant of administration can be found online or you may wish to have a lawyer assist you. 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. It also confirms the validity and legitimacy of the deceaseds Last Will. 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. Contact us today to schedule an appointment. You must serve the trustee, not the represented adult. The forms required for a Grant of Administration when there is no Will are slightly different. 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 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. The address for w A request for a grant of probate is used to ask the court to confirm that the person named in the will has the authority to administer the estate. Get up-to-date on the latest news and upcoming events at CPLEA. Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. In this part, the applicant sets out information about the will and any codicils. 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 Tally the assets within and outside Alberta separately. This occurs most frequently but is not limited to estates involving real estate, investments or corporations. These applications often allow people to legally sell or manage estate assets in weeks. 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] How Criminal Charges Affect Child Custody in Alberta, Alberta COVID-19 Vaccinations & the Workplace. The following people must receive this form: The applicant must provide notice of the application to the Public Trustee in certain circumstances. We let you know if you need probate, at no cost. endstream endobj 3060 0 obj <>stream 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. For example, a house requires monthly expenses, proper ongoing attention, repairs, maintenance, etc. This is particularly important if the estate is contentious or complicated. ?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 Weeks Wacky Wednesday: The Hawaiian Rolls That Werent, This Weeks Wacky Wednesday: Living the High Life at a Closed Restaurant. If the deceased person lived in Alberta or had certain assets in Alberta, you will likely need to apply for probate in Alberta. Our free consultation allows you definitely know the answer to the Probate vs. Estates with nominal assets usually do not. Experienced probate attorneys will know which probate forms and probate fees are required in Alberta, even under unique circumstances. By receiving professional guidance, executors reduce the risk of having their probate applications rejected due to lack of information. This can save time, frustration, law suits and money. 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. We respect that the loss of a loved one is hard on everyone. In this situation, the court issue a Grant of Administration with Will Annexed, appointing a personal representative to administer the estate. Further information on this service and locations can be found on the Court and Justice Services (CJS) website. However, in some cases, the Executors parent has passed away in a different province. THE CENTRE FOR PUBLIC LEGAL EDUCATION ALBERTA DOES NOT REPRESENT CLIENTS OR PROVIDE LEGAL ADVICE. The Estate Administration Act and the Surrogate Rules set out the roles and responsibilities of an applicant (personal representative of an estate). Filed Under: Estate Planning Tagged With: estate, grant of administration, grant of probate, surrogate court, surrogate forms. 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. A Grant of Probate is a court document, issued by the Surrogate Division of the Court of Queens Bench of Alberta, which confirms or validates the Executors authority to distribute the deceaseds Estate. Kahane Law in Calgary helps people with estates regularly. Of course, people must prioritize attending to and protecting the estates assets. Applying for a Grant of Probate can only be done if a personal representative has been named in a will. endstream endobj 3061 0 obj <>stream 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. In the Calgary area, please call us at 403-225-8810. All fields are required unless otherwise indicated. While prepared to help right away, we encourage clients to focus on family and grieving first. You can apply for probate yourself online or by post. The applicant must also indicate the net value of the deceaseds estate in Alberta. If worried, please call for direction. Fees may change without notice. 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. This article provides a brief overview of the important changes. Learn about the risks of attempting to avoid probate. h;@{= N,QQe.M043M&t NyFJ.D& CmR&z~GG_,"t>(~K9nEII d@iB` a|O\-x (^v1 She is the firms Wills, Estates & Trusts Team Lead, helping businesses, family enterprises, and individuals meet their legal needs, now and for the future. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). This form is a compilation of the information found in a number of NC forms. You may wish to contact a lawyer to provide assistance with determining if a grant is required. You can find the GA forms on the Alberta Queens Printer website (for purchase) and the Government of Alberta website (for free). Criminal & Family Law: How Do They Intersect? All applications must be submitted using the GA forms. Grant of Probate Forms If there is no dispute over the will, the personal representative must file a number of non-contentious (NC) documents. 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. hVYoF+h#p>$1r%@KkE endstream endobj startxref However, while mostly used for probating real estate, there are more assets that benefit from this type of probate application. What we do believe in, is careful and creative planning so that your estate can avoid probate in circumstances where the downsides to avoiding probate are limited. COVID-19: Can Employers legally require their employees to be vaccinated? Please note that no specific time frame exists for this process to start. 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. You must: fill out the appropriate application forms, which are known as the surrogate forms publish a notice in the newspaper for those with potential claims against the estate The Centre for Public Legal Education respectfully acknowledges that we are located across Treaty 4, 6, 7, 8 and 10 territories, and respects the histories, languages, and cultures of First Nations, Mtis, Inuit, and all First Peoples of Canada, whose presence continues to enrich our vibrant community. Once we complete the limited grant the rest of the probate follows suit. 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 you need assistance with administering an estate, please contact a lawyer. WebCan an executor of an estate in Alberta get a grant of administration? !)%*M!#'=m i&BK hkD.S]s>k{p The personal representative must provide the following to the OPGT office: The Public Trustee will review the submitted documents and respond to the court. +,/vXF(f7k~{ As such, the Estate Planning Lawyers at West Legal dont believe in avoiding probate at all costs. In addition, it protects the person managing the estate from personal liability. The order of service and filing has changed to bring the surrogate process in line with all other court filing processes. The Court accepted applications submitted prior to June 15, 2022 using the old NC forms. The applicant must list the jointly owned assets to the best of their ability using the information available to them. The Court will not issue a grant until it has received a filed Form GA5 Affidavit of Service for each interested party. In addition, we advise you if using a Limited Grants of Probate best benefits the estate or not. Wait for the court to issue a Grant of Probate. any assets the deceased owned jointly with other persons who are not the deceaseds spouse or adult interdependent partner. Limited Grants of Probate allow for a faster process to sell these assets. We'll gladly discuss your case with you at your convenience. 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). Limited Grant Of Probate Process. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Address This can be cheaper than paying a probate practitioner (such as a solicitor) to apply for you. click here to watch our video on probate and probate lawyers. 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. 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.). The term probate has little meaning for people until they manage the estate of a loved one. 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. 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 or a grant of administration of an estate. See probate fees in Alberta. You may want to contact a lawyer to discuss specific questions or receive assistance with the administration process. These forms are replaced by new forms called GA (Grant Application) forms. Unless extreme time sensitivity exists, a few days or weeks often cause no problematic issues for the estate. The applicant must include here any renunciations, nominations, bonds (for applicants residing outside of Alberta), and consents of beneficiaries to proceeding without a bond. Once you retain a lawyer for probate, most of the work for the Limited Grant of Probate is included in that cost. It is reasonable to request to see the document before you share information about the estate with them. Shelly Chamaschuk is a partner at Reynolds Mirth Richards & Farmer LLP in Edmonton, Alberta. Many assets benefit from using a Limited Grants of Probate. In an effort to modernize and simplify the process for getting a grant, Alberta amended these Surrogate Rules and simplified the forms. In basic, simple estates, the process to receive a Grant Of Probate takes three to four months. It is easier for an executor to sell a home right away and not wait months for the grant of probate. Many people call us before a funeral happens. The information in this article was correct at time of publishing. The Government of Alberta sets out the forms and steps needed for these applications in the Surrogate Rules. 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. 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 ownership and transfer of a deceaseds jointly-owned assets are governed by rules that have evolved over time through the courts (common law). Most applicants will have to prepare and submit to the Court the following GA forms to get a grant: Below is a more detailed description of these forms. 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. Forms may be found on the Government of A notarized copy or a photocopy is unacceptable. There are no surviving joint owners on the property. Priority is usually given to Alberta residents, except for spouses and adult interdependent partners. A request for a grant of probate is used to ask the court to confirm that the person named in the will has the authority to administer the estate. You will NOT receive a reply on your feedback. 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: . This allows people to sell a home quickly, learn more about the risk of joint tenancy here. When there is no evidence of a will, and a person or persons wish to take on the responsibilities of administering the estate, they must first conduct a thorough search to ensure that is the case and, if so, they can apply for a Grant of Administration. The applicant may have authority as stated in the will, or, if there is no will, as set out in the Estate Administration Act. There is also a new requirement that the applicant provide the Court with proof of death. If no one else can, the public trustee will consider managing an estate if the beneficiary is a minor or represented adult. Because of this, PA1P is also called the grant of probate form. The new GA forms are intended to create a more streamlined and efficient process for processing grant applications in Alberta. Looking for articles like this one to be delivered right to your inbox? 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). 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. Upon receiving the grant, the applicant must serve interested parties with a notice saying the Court has issued the grant. 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 Save my name, email, and website in this browser for the next time I comment. Contact a local registry office for questions about dealing with a deceased persons vehicle. The funeral home will submit the application to the Alberta government. a43Y+ eRa .?x8!'0mt }cGQ]\? The probate process is not nearly as time-consuming or cost-involved as people often assume. >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 When a personwrites theirwill, they usually choose someone to be their personal representative the executor. ^ Property outside the estate transfers directly to another person without estate administration. Banks and other institutions sometimes require a Grant of Probate before they will release assets to a personal representative. 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 Alberta probate forms, required by the Surrogate Rules, to apply for a Grant of Probate are: Form NC 1. 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. 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. Until the court issues this order, no person has the legal right to make decisions for the estate. We also have an Edmonton office to help people there. 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 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; 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. Jiz39=uC2! qapg[NmJ3VmQ*7NBD`g,H:]B\yqtXNnf @FOu&^;90=+ qufJfEZe{Oe6Ys "N]aL)uGYa Xjd'| Some assets frequently cause more stress and work to deal with through the estate administration process. 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. OPGT cannot provide legal advice. This is a new form and requirement. Q?{Ga?#4vD'2jJi8ka)p"-z^wb"ft(BMbiN;Z*m&`\2ObShZ/CTLb}](%>n`3Wfb"V vX\(R ])qN^NL 51 &;|R8~n. Suite 625 - Southcentre Executive Tower, The GA forms are fillable PDF forms that you can download and save. 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. Executor of a Will: What Do You Need to Know? 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. endstream endobj 33 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 34 0 obj <>stream Legal Resource Centre of Alberta Let us send you information and start helping right away by emailing us directly.We also enjoy taking your calls. 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. This means the Court clerks do not review the Inventory. EDITORS NOTE Read CPLEAs Getting a Grant of Probate and Administration in Alberta booklet to learn more about the process for getting a grant. Typically, a grant of probate is obtained for estates where a valid will exists that appoints a willing and able personal representative. hbbd``b`jASUbiXA@&Fu@#n?_ Then the appropriate D3mbi*. endstream endobj 32 0 obj <>stream This allows people to sell a home quickly. Do NOT include personal information. If the Public Trustee administersan estate, the Public Trustee will: Contact the OPGT immediately if you think: If there is money in an estate administered by the Public Trustee, and the beneficiaries cannot be found, the funds will eventually go to Albertas provincial treasurer. endstream endobj 31 0 obj <>stream Read more about when Probate is necessary in Alberta here. The grant provides official confirmation of a personal representative, protecting these kinds of third-party organizations. However, of those 49 forms, there It does not contain the original or a copy of an international will. 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Specific questions or receive assistance with administering an estate steps needed for these often.
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