The executor or administrator of the estate then begins managing and distributing the assets. If worried, please call for direction. Typically, a grant of probate is obtained for estates where a valid will exists that appoints a willing and able personal representative. 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. The personal representative appointed in the will decides not to apply for probate but wants to reserve the right to apply later and later applies. When a personwrites theirwill, they usually choose someone to be their personal representative the executor. Its sensible for you to reach out to us or another Calgary probate lawyer, even if your loved one passed away out-of-province. T2W 4X9. At times this happens under the direction of the courts. Have your lawyer submit the application to the court. Of course, the personal representative must always act in the best interests of the estate and its beneficiaries as executors are not allowed to benefit from the estate. Legislationabout estates, wills and funerals: The Public Trustee as the Representative of a Deceased Persons Estate. Information provided was current as of publication date of issue . However, the exception to this rule involves situations where these assets ownership is held jointly. hVYoF+h#p>$1r%@KkE 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. Nevertheless, many commonly held beliefs about probate are half-truths or even untrue altogether. Please note that no specific time frame exists for this process to start. |`e. 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. Affidavit by the executor. Note:If you are having trouble opening PDF forms (i.e. If you live in the Edmonton area please reach us directly at (780) 571-8463. 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. 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. (They can benefit as beneficiaries of the will but not as executors, except for a compensation fee.). Some assets frequently cause more stress and work to deal with through the estate administration process. Jiz39=uC2! qapg[NmJ3VmQ*7NBD`g,H:]B\yqtXNnf @FOu&^;90=+ qufJfEZe{Oe6Ys "N]aL)uGYa Xjd'| Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. 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). a43Y+ eRa .?x8!'0mt }cGQ]\? 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. Criminal & Family Law: How Do They Intersect? The Public Trustee is not able to confirm who is administering the estate, unless the Public Trustee is administering the estate. The Estate Administration Act and the Surrogate Rules set out the roles and responsibilities of an applicant (personal representative of an estate). 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 additional work to allow for a fast ability to legally sell a home or deal with other assets is under $500. alTlI!n^.ww_j83n`!1 &Vz958)0K.PQP_Rb ^1c D3mbi*. 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. WebALBERTA PROBATE FORMS The following Probate forms are required by the Alberta Surrogate Rules, to apply for a Probate Grant: These Alberta Probate forms are also required to apply for a Grant of Administration (where a Will exists). ptD.{\T*"^m0:"lEZf+q) %"{\w>>UP5M[U/>DpdRf_64a$)[S?a'-"oy^c/EpHH[PJ(aoOkE,%oy#7-MA 7,]lk3W!vcer=71Ld= The personal representative must provide the following to the OPGT office: The Public Trustee will review the submitted documents and respond to the court. This review may take a week or more so the personal representative should ensure that the documents are submitted well in advance of any closing date. Then the appropriate In these situations, on completion of the sale, the sale proceeds sit in the estates bank account and wait for the final probate order. an estates lawyer will guide you towards the best option. If you need assistance with administering an estate, please contact a lawyer. Estate lawyers work with probate documents regularly and are able to ensure the application proceeds smoothly. We typically address the topic of probate during our estate planning consultations. 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 This is a new form and requirement. The grant allows the personal representative to legally fulfill their duties as the administrator of 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. 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. If you need to reach us please call 780-451-8764 (you will have to leave a message) or email. Many assets benefit from using a Limited Grants of Probate. Below is a list of commonly used forms. 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 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. The new GA Forms came into effect on June 15, 2022 for all grant applications in Alberta. We'll gladly discuss your case with you at your convenience. You will NOT receive a reply on your feedback. Employer Obligations on Federal Election Day 2021. If no one else can, the public trustee will consider managing an estate if the beneficiary is a minor or represented adult. Applying for a grant of probate is a relatively simple process. A deceased persons property may fall inside the estate or outside the estate. Applying for a Grant of Probate can only be done if a personal representative has been named in a will. Let us send you information and start helping right away by emailing us directly.We also enjoy taking your calls. 0 _[- BAG uDq?QM`fj3 Get up-to-date on the latest news and upcoming events at CPLEA. It also confirms the validity and legitimacy of the deceaseds Last Will. The forms used before June 15th were called NC (Non-contentious) forms. In this situation, the court issue a Grant of Administration with Will Annexed, appointing a personal representative to administer the estate. >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 Certain assets in an estate always require probating. Review and sign the probate application. This inquiry call to us is free of charge. We often receive calls from individuals who live in Calgary and have been appointed as the Executor of a parents Estate. The order of service and filing has changed to bring the surrogate process in line with all other court filing processes. The probate process requires extensive paperwork which is often confusing. Whether or not you decide to administer an estate depends on the property and debts in the estate. In this part, the applicant sets out information about the will and any codicils. Get the help you need today. OPGT cannot provide legal advice. 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. The applicant may have authority as stated in the will, or, if there is no will, as set out in the Estate Administration Act. 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 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. Contact a lawyer if you need assistance determining whether you should administer an estate. When a person dies without a will (intestate). This allows people to sell a home quickly. For example, a house requires monthly expenses, proper ongoing attention, repairs, maintenance, etc. Open the PDF form with Adobe Reader. 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. %PDF-1.6 % The ownership and transfer of a deceaseds jointly-owned assets are governed by rules that have evolved over time through the courts (common law). Administering an estate is a legal matter. WebThere have also been some changes to the probate forms, such as form P10. 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. These forms are replaced by new forms called GA (Grant Application) forms. Shelly Chamaschuk is a partner at Reynolds Mirth Richards & Farmer LLP in Edmonton, Alberta. * 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 The information in this article was correct at time of publishing. 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