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. To get answers to questions, use Alberta Connects. All fields are required unless otherwise indicated. 36 0 obj <>/Encrypt 28 0 R/Filter/FlateDecode/ID[<4F7B3FA3AB17DD4D919CE4D48CA4A2A6>]/Index[27 18]/Info 26 0 R/Length 60/Prev 169773/Root 29 0 R/Size 45/Type/XRef/W[1 2 1]>>stream The executor or administrator of the estate then begins managing and distributing the assets. getting messages about updating Adobe Reader): Lemploi de la langue franaise et service d'interprte, Avis et demande daudience en franais / French Language Notice and Request, Service Outside of Canada (Includes Hague Service Convention), Adjournment Request - Family Docket Court, Service Outside of Canada (Includes Hague Convention), Guidelines for Documents filed by Email or Digital Upload, Checklist for Filing of Electronic Documents, Criminal - Justice Seized Booking Request Form, Remote Hearings Protocol & Troubleshooting, Review and Assessment Booking Request Form, eNotice of Restricted Access Applications, Notice to Media of Application for Restricting Order, Affidavit of Self-appointed Litigation Representative, Notice of Self-appointment of Litigation Representative, Originating Application - Notice of Appeal/Reference, Demand for Notice by Third Party Defendant(s), Application to Enforce Judgment Against Third Party Defendant, Reply to Defence of Third Party Defendant, Notice of Appeal of Applications Judge's Judgment or Order, Order that Evidence Be Taken Outside Alberta, Originating Application for Interpleader Order, Civil Enforcement Agency Directions to Instructing Creditor, Application for Court to Set a Trial Date, Application for an Order that a Judgment Has Been Satisfied, Notice of Appointment for Review of Retainer Agreement Lawyer's Charges, Notice of Appeal of Review Officer's Decision, Notice of Appeal of Assessment Officer's Decision, Notice of Address for Service in Foreclosure Action, Notice of Default (Residential Tenancy Act), Notice of Default (Mobile Home Sites Tenancies Act), Application for Dispute Resolution Exemption, Response to Application for Dispute Resolution Exemption, Financial Statement of Debtor (Corporate Debtor), Financial Statement of Debtor (Individual Debtor), Choose "Always Open in System Viewer" after download, Or try right-clicking on the link or download button and choosing "Save Link As" and then opening the file from your computer, Or try clicking the pdf icon in the address bar and selecting open in Adobe Viewer or. 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.). In the case of a bankrupt estate, the court may appoint a creditor of the estate. Administering an estate is a legal matter. 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 old NC forms had different notices for different beneficiaries. 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. endstream endobj startxref Court and Justice Services (CJS) provides access to Court of King's Bench Surrogate forms dealing with non-contentious surrogate matters. These forms are replaced by new forms called GA (Grant Application) forms. Typically, a grant of probate is obtained for estates where a valid will exists that appoints a willing and able personal representative. 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. Until the court issues this order, no person has the legal right to make decisions for the estate. You may wish to contact a lawyer if you have any questions about authority. 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. Tally the assets within and outside Alberta separately. There are no beneficiary designations on financial accounts. 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. 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. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). It does not contain the original or a copy of an international will. h;@{= N,QQe.M043M&t NyFJ.D& CmR&z~GG_,"t>(~K9nEII d@iB` a|O\-x (^v1 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. Forms to apply for a grant of probate can be found online or you may wish to have a lawyer assist you. The fees for a Grant of Administration are the same as the fees for a Grant of Probate. 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. Affidavit by the executor. It also confirms the validity and legitimacy of the deceaseds Last Will. 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. If no one else can, the public trustee will consider managing an estate if the beneficiary is a minor or represented adult. Q?{Ga?#4vD'2jJi8ka)p"-z^wb"ft(BMbiN;Z*m&`\2ObShZ/CTLb}](%>n`3Wfb"V vX\(R ])qN^NL 51 &;|R8~n. WebForms Civil Forms Assistance with Preparing Court Forms 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. Grant of Probate Forms If there is no dispute over the will, the personal representative must file a number of non-contentious (NC) documents. the estate is solvent there are more assets than debts, no other person with a prior right to administer the estate is able and willing to administer the estate, a represented adult client of the Public Trustee, deal with urgent issues first, like the care of pets or livestock, make burial arrangements if they have not already been made, locate and take control of the persons assets, like bank accounts and property, keep sentimental items, like photographs, war medals and diplomas, for the family, whenever possible, pay debts, including funeral costs and file income tax returns, you are entitled to receive money or other assets froman estate administered by the Public Trustee, provide us with the file number, if you have it. You may be required to pay a fee for this service. 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. You may need to complete one of these forms to support your probate application. 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. 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]. Two examples of when property may fall outside the estate are: Property inside the estate is the opposite and the estate may require administration. alTlI!n^.ww_j83n`!1 &Vz958)0K.PQP_Rb ^1c MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. Acceptable documents proving death are a Death Certificate or Funeral Directors Statement of Death. All applications must be submitted using the GA forms. Then the appropriate To administer the estate, the main tasks of a personal representative are to: Additional information can be found in the Estate Administration Act. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Address Effective June 15, 2022, the Court no longer accepts grant applications submitted using the NC forms. The address for w Upon receiving the grant, the applicant must serve interested parties with a notice saying the Court has issued the grant. 27 0 obj <> endobj The registry contains information about who to contact regarding locating the will. 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. OPGT cannot provide legal advice. Probate is granted only after the courts receive all of the information necessary to declare that the will is valid. hkK0JKrzY"8uDFVk7'rd4. any assets the deceased owned jointly with other persons who are not the deceaseds spouse or adult interdependent partner. It is easier for an executor to sell a home right away and not wait months for the grant of probate. click here to watch our video on probate and probate lawyers. Property outside the estate transfers directly to another person without estate 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. T2W 4X9. 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. See Probate Forms for details. Get up-to-date on the latest news and upcoming events at CPLEA. 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 Estate Administration Act and the Surrogate Rules set out the roles and responsibilities of an applicant (personal representative of an estate). However, in some cases, the Executors parent has passed away in a different province. Not Legal Resource Centre of Alberta Information provided was current as of publication date of issue . When a person dies without a will (intestate). If you have any questions about how your probate application might be impacted, you can reach out to the probate registry or a lawyer. 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. Hr4KI@;2_nw\mhyb(aqex`25c ?C,8Px>;dQP=NX!zOH% Do NOT include personal information. Unfortunately, those needing to deal with probate, do so at a time when they face the emotional challenges of losing someone they cared about. The applicant may have authority as stated in the will, or, if there is no will, as set out in the Estate Administration Act. 0 _[- BAG uDq?QM`fj3 To fill in and save the form: If you are still having problems opening the form, contact PDF form technical support. 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. The new GA forms are intended to create a more streamlined and efficient process for processing grant applications in Alberta. The probate process is not nearly as time-consuming or cost-involved as people often assume. If you need assistance with administering an estate, please contact a lawyer. Lastly, if you want more information you can watch and learn from, click here to watch our video on probate and probate lawyers. In this situation, the court issue a Grant of Administration with Will Annexed, appointing a personal representative to administer the estate. If you live in the Edmonton area please reach us directly at (780) 571-8463. hVYoF+h#p>$1r%@KkE THE CENTRE FOR PUBLIC LEGAL EDUCATION ALBERTA DOES NOT REPRESENT CLIENTS OR PROVIDE LEGAL ADVICE. With some assets, selling the asset quickly is in the best interest of the estate. h240Q0P040U02T+-( The estate lawyers at West Legal will provide you with an honest assessment of whether or not its best to take steps to avoid probate and the associated risks and expenses of doing the same. >kp gos|Wkp0G1sv03{8c:u5zyV4?P^CDSA\}-P,`U?u4E.oGDmRTFK!hg$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 (They can benefit as beneficiaries of the will but not as executors, except for a compensation fee.). We typically address the topic of probate during our estate planning consultations. When you send form PA1P to HMCTS, you will need to include: The original will (and codicils, if any). 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. While technically yes, in reality not all estates require probate. 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. Suite 625 - Southcentre Executive Tower, This inquiry call to us is free of charge. After submitting this application, the lawyer then continues with the final order. Self-represented applicants are not required to use this form. The Public Trustee does not get involved in private disputes regarding estate administration. %%EOF 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. This form is a compilation of the information found in a number of NC forms. Filed Under: Estate Planning Tagged With: estate, grant of administration, grant of probate, surrogate court, surrogate forms. The order of service and filing has changed to bring the surrogate process in line with all other court filing processes. This allows people to sell a home quickly. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). A probate lawyer often helps ensure that this process moves smoother and quicker than when people attempt this process themselves. LnRiLWZpZWxke21hcmdpbi1ib3R0b206MC43NmVtfS50Yi1maWVsZC0tbGVmdHt0ZXh0LWFsaWduOmxlZnR9LnRiLWZpZWxkLS1jZW50ZXJ7dGV4dC1hbGlnbjpjZW50ZXJ9LnRiLWZpZWxkLS1yaWdodHt0ZXh0LWFsaWduOnJpZ2h0fS50Yi1maWVsZF9fc2t5cGVfcHJldmlld3twYWRkaW5nOjEwcHggMjBweDtib3JkZXItcmFkaXVzOjNweDtjb2xvcjojZmZmO2JhY2tncm91bmQ6IzAwYWZlZTtkaXNwbGF5OmlubGluZS1ibG9ja311bC5nbGlkZV9fc2xpZGVze21hcmdpbjowfQ==, ICAgQG1lZGlhIG9ubHkgc2NyZWVuIGFuZCAobWF4LXdpZHRoOiA3ODFweCkgeyAgICAgfSBAbWVkaWEgb25seSBzY3JlZW4gYW5kIChtYXgtd2lkdGg6IDU5OXB4KSB7ICAgICB9IA==. In the Calgary area, please call us at 403-225-8810. Ideally, we help relieve you of some of the legal and logistical parts of managing that loved ones estate. This information is gathered in more detail in Form GA2 Inventory. While a grant of probate is often required to administer a deceaseds estate, it is not always necessary. The Public Trustee cannot provide assistance with applications for a grant. Banks and other institutions sometimes require a Grant of Probate before they will release assets to a personal representative. The ownership and transfer of a deceaseds jointly-owned assets are governed by rules that have evolved over time through the courts (common law). However, there are circumstances where probate will almost always be required. 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. You must serve the trustee, not the represented adult. 44 0 obj <>stream Contact us today to schedule an appointment. You can find the GA forms on the Alberta Queens Printer website (for purchase) and the Government of Alberta website (for free). 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. Legislationabout estates, wills and funerals: The Public Trustee as the Representative of a Deceased Persons Estate. How Criminal Charges Affect Child Custody in Alberta, Alberta COVID-19 Vaccinations & the Workplace. These applications often allow people to legally sell or manage estate assets in weeks. ?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 Shelly Chamaschuk is a partner at Reynolds Mirth Richards & Farmer LLP in Edmonton, Alberta. They must also attach any other documents referred to in the will (such as a matrimonial property settlement agreement, or a list directing the distribution of personal items). Let us send you information and start helping right away by emailing us directly.We also enjoy taking your calls. endstream endobj 33 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 34 0 obj <>stream 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. Further information on this service and locations can be found on the Court and Justice Services (CJS) website. Filing processes if no one else can, the court may appoint creditor... Digital service ( SDS ) probate and probate lawyers probate lawyers transfers directly to another person without estate Administration private! 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