There is a will, but the appointed personal representative has died, or is otherwise unwilling or unable to take on the responsibilities. 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. 3058 0 obj
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Further information on this service and locations can be found on the Court and Justice Services (CJS)website. Certain assets in an estate always require probating. 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. Limited Grant Of Probate Process. This Weeks Wacky Wednesday: The Hawaiian Rolls That Werent, This Weeks Wacky Wednesday: Living the High Life at a Closed Restaurant. A persons personal residence is the asset that most frequently benefits from Limited Grants of Probate. 0
These applications often allow people to legally sell or manage estate assets in weeks.
You may want to discuss these questions with a lawyer. 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. Acceptable documents proving death are a Death Certificate or Funeral Directors Statement of Death. 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. 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. Fees may change without notice. The information collected here is about the applicants and their right and priority to apply for the grant. 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. Suite 625 - Southcentre Executive Tower, endstream
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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 address for w While technically yes, in reality not all estates require probate. 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. Below is a list of commonly used forms. To get answers to questions, use Alberta Connects.
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. Court and Justice Services (CJS) provides access to Court of King's Bench Surrogate forms dealing with non-contentious surrogate matters. 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. In basic, simple estates, the process to receive a Grant Of Probate takes three to four months. Its sensible for you to reach out to us or another Calgary probate lawyer, even if your loved one passed away out-of-province. 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. Form NC 9 Affidavit of Handwriting of Deceased 59 3. The new GA forms are intended to create a more streamlined and efficient process for processing grant applications in Alberta. All fields are required unless otherwise indicated. This occurs most frequently but is not limited to estates involving real estate, investments or corporations. 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. 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). Many Executors wonder whether they can avoid hiring a lawyer by applying for the necessary Grant themselves. The Public Trustee cannot arrange for someone to be reimbursed for funeral expenses, unless the Public Trustee is administering the estate. endstream
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We let you know if you need probate, at no cost. 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 executor or administrator of the estate then begins managing and distributing the assets. Your estate lawyer can help you determine whether a Grant of Probate in Alberta is required. In the Calgary area, please call us at 403-225-8810. What you should know When to apply for a grant of administration When someone dies, their property must be dealt with. Probating an estate means making an application to the Surrogate Court in Alberta. MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. The package also includes a link to all applicable court forms required for your application. You will NOT receive a reply on your feedback. For example, the benefits of adding an adult child to the title of your home in hopes of avoiding probate may be outweighed by the risk of claims against your property from a divorce or lawsuit against your adult child. 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] The ownership and transfer of a deceaseds jointly-owned assets are governed by rules that have evolved over time through the courts (common law). Unfortunately, those needing to deal with probate, do so at a time when they face the emotional challenges of losing someone they cared about. 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. 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. 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). 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. lx\#l[4IrP3S7jlV("SBl&)xN7BmwdMi#^bh^&E4e2jiU !t{Cw& Without a complete picture of the estate in question, its impossible to provide a definitive answer as to whether probate will be required. 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. When a person dies without a will (intestate). This form is a compilation of the information found in a number of NC forms. She is the firms Wills, Estates & Trusts Team Lead, helping businesses, family enterprises, and individuals meet their legal needs, now and for the future. This is particularly important if the estate is contentious or complicated. 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 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. endstream
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If you have any questions about how your probate application might be impacted, you can reach out to the probate registry or a lawyer. It does not contain the original or a copy of an international will. 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. 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. 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. Form PA11: Apply for power of attorney (will) 17 May 2022 Form Form PA12: Apply for power Renunciation of Administration with the Will Annexed, Notice to Spouse (Matrimonial Property Act), Notice to Spouse/Adult Interdependent Partner of Deceased, Notices to Dependent Child of the Deceased. Two examples of when property may fall outside the estate are: Property inside the estate is the opposite and the estate may require administration. Our office is closed to the public until further notice as a result of the Covid-19 pandemic. Forms to apply for a grant of administration can be found online or you may wish to have a lawyer assist you. We'll gladly discuss your case with you at your convenience. The applicant must serve Form GA2 Inventory on the residuary beneficiaries (as part of Form GA3 Notice) and must file it with the Court when they file Form GA5 Affidavit of Service. 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. %PDF-1.7
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Office of the Public Guardian and Trustee (OPGT), Making financial decisions for those who are not able to, Alternate personal decision-making options for adults, Examination and approval of trusteeship accounts. 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. 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. Learn more below or call the probate lawyers at Kahane Law Office. 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. This is a new form and requirement. You may wish to contact a lawyer to provide assistance with determining if a grant is required. Not all estates are administered. The funeral home will submit the application to the Alberta government. The probate process requires extensive paperwork which is often confusing. 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 This allows people to sell a home quickly. Of course, people must prioritize attending to and protecting the estates assets. Interested parties include 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, or adult children unable to earn a livelihood due to disability. Not Self-represented applicants are not required to use this form. This information is gathered in more detail in Form GA2 Inventory. Review and sign the probate application. To get answers to questions, use Alberta Connects. How Has COVID-19 Affected The Legal World in Alberta. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. ^ 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. 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. While a grant of probate is often required to administer a deceaseds estate, it is not always necessary. The Public Trustee is not able to confirm who is administering the estate, unless the Public Trustee is administering the estate. Booklet with detailed legal information about the different types of grants and how to apply for them in Alberta. 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. Anything that deals with time sensitive assets, assets that rapidly depreciate or require a lot of work or money to maintain and more. an estates lawyer will guide you towards the best option. Further information on this service and locations can be found on the Court and Justice Services (CJS) website. 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