Acceptable documents proving death are a Death Certificate or Funeral Directors Statement of Death. If it is issued from a court of a jurisdiction other than Alberta, it must be resealed by the Court of - s Bench. * Review and sign the probate application. Anything that deals with time sensitive assets, assets that rapidly depreciate or require a lot of work or money to maintain and more. endstream endobj 3060 0 obj <>stream For example, assets that a quick probate order assists with include: The process for Limited Grants of Probate closely resembles the actual probate process. Further information on this service and locations can be found on the Court and Justice Services (CJS)website. h240Q0P040U02T+-( MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. Administering an estate is a legal matter. WebCan an executor of an estate in Alberta get a grant of administration? This Weeks Wacky Wednesday: Is Happy the Elephant a Person? Tally the assets within and outside Alberta separately. The package also includes a link to all applicable court forms required for your application. In this part, the applicant sets out information about the will and any codicils. The ownership and transfer of a deceaseds jointly-owned assets are governed by rules that have evolved over time through the courts (common law). #1200, 10201 Southport Rd SW Legal Resource Centre of Alberta +,/vXF(f7k~{ If you do not have a lawyer, contact the Law Society of Albertas Lawyer Referral Service. Limited Grants of Probate help ensure this process moves quickly to allow you to move forward with the estate more quickly and easily. We refer to this court order as a Grant Of Probate. If beneficiaries are found later, they can still get their money. It is easier for an executor to sell a home right away and not wait months for the grant of probate. The forms required for a Grant of Administration when there is no Will are slightly different. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). Executor of a Will: What Do You Need to Know? 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. A notarized copy or a photocopy is unacceptable. 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. Affidavit by the executor. We'll gladly discuss your case with you at your convenience. To get answers to questions, use Alberta Connects. Because the testator (the person who created the will) appoints the personal representative in the will, the personal representative does not have to wait to receive the grant before beginning to manage the estate. The Public Trustee cannot arrange for someone to be reimbursed for funeral expenses, unless the Public Trustee is administering the estate. endstream endobj 32 0 obj <>stream The probate process requires extensive paperwork which is often confusing. For example, a house requires monthly expenses, proper ongoing attention, repairs, maintenance, etc. This allows people to sell a home quickly. See probate fees in Alberta. Many assets benefit from using a Limited Grants of Probate. You can find the GA forms on the Alberta Queens Printer website (for purchase) and the Government of Alberta website (for free). Get the help you need today. Note:If you are having trouble opening PDF forms (i.e. [F'SP))xxIm-Ng*wj)9L!wpkw#&p|[[||S{@p~: 0 We'll gladly discuss your case with you at your convenience. Of course, people must prioritize attending to and protecting the estates assets. But many applicants are not aware of these. These include homes, land, bank accounts with large balances, some corporate assets, some stock or investment accounts,etc. This gives a legal right to a person to make those decisions. Our office is closed to the public until further notice as a result of the Covid-19 pandemic. 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). It also lists 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, adult children unable to earn a livelihood due to disability, or missing persons. 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. This article provides a brief overview of the important changes. Do NOT include personal information. The applicant must list all debts and expenses of the deceased as of the date of death. Read more about when Probate is necessary in Alberta here. All fields are required unless otherwise indicated. This is a new form and requirement. 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. an estates lawyer will guide you towards the best option. Suite 625 - Southcentre Executive Tower, You may wish to contact a lawyer if you have any questions about authority. Typically, a grant of probate is obtained for estates where a valid will exists that appoints a willing and able personal representative. !)%*M!#'=m i&BK hkD.S]s>k{p Because of this, PA1P is also called the grant of probate form. 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. The personal representative will need to contact the deceased persons bank to inquire. If worried, please call for direction. endstream endobj startxref This inquiry call to us is free of charge. Stock or share portfolios in a volatile market. The new GA forms are intended to create a more streamlined and efficient process for processing grant applications in Alberta. Many Executors wonder whether they can avoid hiring a lawyer by applying for the necessary Grant themselves. At times this happens under the direction of the courts. 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 to reach us please call 780-451-8764 (you will have to leave a message) or email. We meet with you at no charge to determine if the estate you seek to manage actually requires probating. 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. The Court will not issue a grant until it has received a filed Form GA5 Affidavit of Service for each interested party. WebThe probate process in Alberta can be complicated and can take months or even years to complete. The estate of the deceased person is responsible for paying for burial and funeral expenses. At West Legal, we take a People First approach. If you need assistance with administering an estate, please contact a lawyer. 44 0 obj <>stream The Public Trustee is not able to confirm who is administering the estate, unless the Public Trustee is administering the estate. The address for w acknowledging they must carry out the core tasks of a personal representative, which are: identifying the estate assets and liabilities, satisfying the debts and obligations of the estate, distributing and accounting for the administration of the estate, in agreement with the deceaseds intentions as set out in the will/codicil (if there is one), with the care, diligence, and skill that a person of ordinary prudence would exercise in comparable circumstances where a fiduciary relationship exists, give proper notice of the application to those entitled to receive notice and serve the Form GA2 Inventory on those entitled to receive it, if the value of any asset or debt is to be determined, serve an amended Form GA2 Inventory on those persons entitled to receive one when updated information is available, acknowledge they must distribute the estate as soon as practicable, acknowledge they will get a signed Form GA20 from any trustee before distributing property to that trustee, undertake to notify all beneficiaries and persons with potential claims against the estate who were identified in the application by providing them with notice when the Court issues the grant, agree to faithfully administer the deceaseds estate according to law and give a true accounting of their administration to the persons entitled to it when lawfully required, the deceaseds assets located within Alberta as well as those assets located outside Alberta, and. Open the PDF form with Adobe Reader. The package would be suitable for citizens who wish to file these applications themselves when an application is not complex in nature. Finally, we manage the application process for you. 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. 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. We typically address the topic of probate during our estate planning consultations. 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. Risks exist to avoiding probate this way (learn more about the risk of joint tenancy here), so we recommend legal advice and using caution if contemplating this step. Notably, the applicant must swear or affirm that all the information in the grant application is true to applicants best knowledge and belief, including: The applicant must also acknowledge the law requires them to perform the role of personal representative: There are two important changes to the reporting requirements for the deceaseds assets and debts. Learn more below or call the probate lawyers at Kahane Law Office. She is the firms Wills, Estates & Trusts Team Lead, helping businesses, family enterprises, and individuals meet their legal needs, now and for the future. %%EOF The grant provides official confirmation of a personal representative, protecting these kinds of third-party organizations. Once we complete the limited grant the rest of the probate follows suit. Call 403-225-8810 today. click here to watch our video on probate and probate lawyers. The OPGT charges fees to help offset the cost of settling an estate. All fields are required unless otherwise indicated. 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. The personal representative or executor of the estate should advise the funeral home that the deceased is unlikely to have sufficient funds to pay for the funeral. To fill in and save the form: If you are still having problems opening the form, contact PDF form technical support. a43Y+ eRa .?x8!'0mt }cGQ]\? hVYoF+h#p>$1r%@KkE Please contact a lawyer for assistance. |`e. 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. MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. Many people call us before a funeral happens. Depending on the circumstances, jointly owned assets may form part of the deceaseds estate or may pass outside of the deceaseds estate by right of survivorship to the surviving joint owner. If your estate is non-contentious no one is challenging it the forms are available online. 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. 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. We respect that the loss of a loved one is hard on everyone. 3058 0 obj <>stream These forms are replaced by new forms called GA (Grant Application) forms. Kahane Law in Calgary helps people with estates regularly. 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. Your estate lawyer can help you determine whether a Grant of Probate in Alberta is required. The trustee is the only one who has the legal authority to: The Public Trustee must review all grant applications in Alberta where a minor is a beneficiary of an estate. The application We let you know if you need probate, at no cost. Important To Note: Since the use of Limited Grants, the risky practice of trying to avoid probate is less useful. We also have an Edmonton office to help people there. Whats the Difference Between Civil, Family & Criminal Law? 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. There is now one consolidated notice form for all beneficiaries and other interested parties. The Surrogate Court is the court responsible for the probating of estates. D3mbi*. The following people must receive this form: The applicant must provide notice of the application to the Public Trustee in certain circumstances. Once you retain a lawyer for probate, most of the work for the Limited Grant of Probate is included in that cost. With some assets, selling the asset quickly is in the best interest of the estate. Fill it in and save it. Forms may be found on the Government of Ideally, we help relieve you of some of the legal and logistical parts of managing that loved ones estate. 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 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. As such, the Estate Planning Lawyers at West Legal dont believe in avoiding probate at all costs. Applying for a grant of probate is a relatively simple process. 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. Below is a list of commonly used forms. There are no surviving joint owners on the property. Obtain certified copies of the grant. Calgary, 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]. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. The fees for a Grant of Administration are the same as the fees for a Grant of Probate. All applications must be submitted using the GA forms. @$ ( %PDF-1.6 % There are 49 (yes, 49) different NC Forms that may comprise a Probate Application or an Application for a Grant of Administration. These applications often allow people to legally sell or manage estate assets in weeks. 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. Hr4KI@;2_nw\mhyb(aqex`25c ?C,8Px>;dQP=NX!zOH% This Weeks Wacky Wednesday: The Hawaiian Rolls That Werent, This Weeks Wacky Wednesday: Living the High Life at a Closed Restaurant. 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; Contact us today to schedule an appointment. endstream endobj 3059 0 obj <>stream Some assets frequently cause more stress and work to deal with through the estate administration process. Save my name, email, and website in this browser for the next time I comment. How Has COVID-19 Affected The Legal World in Alberta. If you have any questions about how your probate application might be impacted, you can reach out to the probate registry or a lawyer. 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 funeral home will submit the application to the Alberta government. Get up-to-date on the latest news and upcoming events at CPLEA. 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 endstream endobj 28 0 obj <>>>/Filter/Standard/Length 128/O(OFxh]/w`Q],j)/P -20/R 4/StmF/StdCF/StrF/StdCF/U(o|&=}D )/V 4>> endobj 29 0 obj <>>>/Metadata 10 0 R/Names 38 0 R/NeedsRendering true/Pages 25 0 R/Type/Catalog/ViewerPreferences<>>> endobj 30 0 obj <>stream Not all estates are administered. 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. 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. Clients often have questions about the probate process, and rightfully so. 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. 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. / L0!/A-W[ g1 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]. If the deceased person lived in Alberta or had certain assets in Alberta, you will likely need to apply for probate in Alberta. 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. 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 Property outside the estate transfers directly to another person without estate administration. Do NOT include personal information. In the Calgary area, please call us at 403-225-8810. The information on this website is provided for general information purposes only and is not meant as legal or other professional advice. The personal representative or executor of the estate is responsible for arranging this but family or friends may do so if there is no personal representative or executor. Nevertheless, many commonly held beliefs about probate are half-truths or even untrue altogether. h;@{= N,QQe.M043M&t NyFJ.D& CmR&z~GG_,"t>(~K9nEII d@iB` a|O\-x (^v1 Estate lawyers work with probate documents regularly and are able to ensure the application proceeds smoothly. Shelly Chamaschuk is a partner at Reynolds Mirth Richards & Farmer LLP in Edmonton, Alberta. You may wish to contact a lawyer to provide If you do not have a lawyer, contact the Law Society of Albertas Lawyer Referral Service. 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. Letters of Administration issue. Legal Information for Senior AlbertansLearn how to identify, prevent, and deal with Elder Abuse. With offices in Calgary and Edmonton, we help you at at time when emotions and stress make things harder. 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. The Public Trustee will review the submitted documents and respond to the personal representative. show us vital statistic documents to confirm kinship, such as your birth or baptismal certificate,that has your: give us your social insurance number for tax purposes, be patient; it takes time to properly administer an estate. 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. 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. Personal Representative (Executor): Should I Take the Job? We often receive calls from individuals who live in Calgary and have been appointed as the Executor of a parents Estate. Lastly, if you want more information you can watch and learn from, click here to watch our video on probate and probate lawyers. Until the court issues this order, no person has the legal right to make decisions for the estate. Form PA11: Apply for power of attorney (will) 17 May 2022 Form Form PA12: Apply for power 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. And work to deal with through the estate administration process are having trouble PDF! ( i.e contact PDF form technical support Limited Grants of probate in Alberta or had certain assets in Weeks offices. To allow you to move forward with the estate more quickly and.. Work or money to maintain and more this Weeks Wacky Wednesday: is Happy the Elephant a?. 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