MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. WebThere have also been some changes to the probate forms, such as form P10. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. Further information on this service and locations can be found on the Court and Justice Services (CJS) website. The Court accepted applications submitted prior to June 15, 2022 using the old NC forms. wills@west-legal.ca or 403-723-0175 to get started. The Public Trustee cannot provide assistance with applications for a grant. This Weeks Wacky Wednesday: Is Happy the Elephant a Person? There is now one consolidated notice form for all beneficiaries and other interested parties. To best assist you, we offer free consultations regarding probate, Limited Grants of Probate and determining if you require this process at all. The old NC forms had different notices for different beneficiaries. Save the PDF form to your computer click or right-click the link and download the form. Criminal & Family Law: How Do They Intersect? h;@{= N,QQe.M043M&t NyFJ.D& CmR&z~GG_,"t>(~K9nEII d@iB` a|O\-x (^v1 Essentially, the order is used for the preservation or property or converting property into another form (for example, money) which is more easily managed. You can find the GA forms on the Alberta Queens Printer website (for purchase) and the Government of Alberta website (for free). Suite 625 - Southcentre Executive Tower, This form is a compilation of the information found in a number of NC forms. We often receive calls from individuals who live in Calgary and have been appointed as the Executor of a parents Estate. 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. Often, the savings in maintaining the assets, paying a mortgage, utilities and insurance, more than offset this cost. If you have any questions about how your probate application might be impacted, you can reach out to the probate registry or a lawyer. 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. Ideally, we help relieve you of some of the legal and logistical parts of managing that loved ones estate. There are no beneficiary designations on financial accounts. ?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 To administer the estate, the main tasks of a personal representative are to: Additional information can be found in the Estate Administration Act. Not Note:If you are having trouble opening PDF forms (i.e. an estates lawyer will guide you towards the best option. ^ We also have an Edmonton office to help people there. %PDF-1.7 % Nevertheless, many commonly held beliefs about probate are half-truths or even untrue altogether. hbbd``b`jASUbiXA@&Fu@#n?_ 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 These forms are replaced by new forms called GA (Grant Application) forms. %%EOF The information in this article was correct at time of publishing. 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. 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. Below is a list of commonly used forms. WebAlways ensure that, if you live in Alberta, that you understand the process here. 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; Wait for the court to issue a Grant of Probate. Forms to apply for a grant of probate can be found online or you may wish to have a lawyer assist you. 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. 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]. The Estate Administration Act and the Surrogate Rules set out the roles and responsibilities of an applicant (personal representative of an estate). We refer to this court order as a Grant Of Probate. The fees for a Grant of Administration are the same as the fees for a Grant of Probate. 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 After submitting this application, the lawyer then continues with the final order. ALBERTA 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 She is the firms Wills, Estates & Trusts Team Lead, helping businesses, family enterprises, and individuals meet their legal needs, now and for the future. Upon receiving the grant, the applicant must serve interested parties with a notice saying the Court has issued the grant. If you do not have a lawyer, contact the Law Society of Albertas Lawyer Referral Service. 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. As such, the Estate Planning Lawyers at West Legal dont believe in avoiding probate at all costs. Form NC 2. hL Please contact a lawyer for assistance. You will NOT receive a reply on your feedback. These applications often allow people to legally sell or manage estate assets in weeks. Form PA11: Apply for power of attorney (will) 17 May 2022 Form Form PA12: Apply for power This gives a legal right to a person to make those decisions. |`e. You can apply for probate yourself online or by post. 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. 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. 44 0 obj <>stream Personal Representative (Executor): Should I Take the Job? One of the important oversight roles of the Court is to ensure all persons entitled to receive notice of the application have been served with notice. These include when there is a minor child interested in the estate, a missing beneficiary, or the Public Trustee is the trustee for a beneficiary of the estate. Contact a local registry office for questions about dealing with a deceased persons vehicle. The information collected here is about the applicants and their right and priority to apply for the grant. The Government of Alberta sets out the forms and steps needed for these applications in the Surrogate Rules. The applicant must include here any renunciations, nominations, bonds (for applicants residing outside of Alberta), and consents of beneficiaries to proceeding without a bond. endstream endobj 3059 0 obj <>stream But many applicants are not aware of these. Property outside the estate transfers directly to another person without estate administration. It is easier for an executor to sell a home right away and not wait months for the grant of probate. 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. In this situation, the court issue a Grant of Administration with Will Annexed, appointing a personal representative to administer the 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. Of course, people must prioritize attending to and protecting the estates assets. You may wish to contact a lawyer to provide The Public Trustee will consider getting involved only if: The Public Trustee does not become involved in family disputes or provide legal advice. Information provided was current as of publication date of issue . Banks and other institutions sometimes require a Grant of Probate before they will release assets to a personal representative. 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. @$ ( WebCan an executor of an estate in Alberta get a grant of administration? Please note that no specific time frame exists for this process to start. 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. Grant of Probate Forms If there is no dispute over the will, the personal representative must file a number of non-contentious (NC) documents. Kahane Law in Calgary helps people with estates regularly. endstream endobj 3062 0 obj <>stream 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. Not every form must be used in every case. Limited Grant Of Probate Process. click here to watch our video on probate and probate lawyers. The Centre for Public Legal Education respectfully acknowledges that we are located on Treaty 4, 6, 7, 8 and 10 territories, the traditional lands of First Nations, Mtis, and Inuit. Whats the Difference Between Civil, Family & Criminal Law? 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. Shelly Chamaschuk is a partner at Reynolds Mirth Richards & Farmer LLP in Edmonton, Alberta. Fees may change without notice. The Public Trustee does not get involved in private disputes regarding estate administration. Its sensible for you to reach out to us or another Calgary probate lawyer, even if your loved one passed away out-of-province. Executor of a Will: What Do You Need to Know? endstream endobj 3060 0 obj <>stream All fields are required unless otherwise indicated. In Form GA2, the applicant must now list: This is a list of assets located within or outside Alberta, such as land, bank accounts, investment accounts, shares in companies, annuities, life insurance, household goods, and personal effects. 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. The funeral home will submit the application to the Alberta government. The address for w The new GA forms are intended to create a more streamlined and efficient process for processing grant applications in Alberta. 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. We respect that the loss of a loved one is hard on everyone. 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. Jiz39=uC2! qapg[NmJ3VmQ*7NBD`g,H:]B\yqtXNnf @FOu&^;90=+ qufJfEZe{Oe6Ys "N]aL)uGYa Xjd'| 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). We'll gladly discuss your case with you at your convenience. If it is issued from a court of a jurisdiction other than Alberta, it must be resealed by the Court of - s Bench. However, family should come first. Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Address To get answers to questions, use Alberta Connects. The forms used before June 15th were called NC (Non-contentious) forms. If worried, please call for direction. The Government of Alberta sets out the forms and steps needed If someone claims to be administering the estate, they will have documentation verifying thisusually a grant or will. Limited Grants of Probate help ensure this process moves quickly to allow you to move forward with the estate more quickly and easily. If you pass away without a Will, a grant of administration is nearly always required, and the application for such a grant is typically more complex than a probate application. 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. 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. Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. Lastly, if you want more information you can watch and learn from, click here to watch our video on probate and probate lawyers. At times this happens under the direction of the courts. The application Important To Note: Since the use of Limited Grants, the risky practice of trying to avoid probate is less useful. 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. At West Legal, we take a People First approach. Allow people to legally sell or manage estate assets in Weeks process here Law Society of Alberta grant... 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