grant of probate alberta forms

27 0 obj <> endobj Affidavit by the executor. 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. When a person dies without a will (intestate). You may wish to contact a lawyer if you have any questions about estate debts. ^ 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. With offices in Calgary and Edmonton, we help you at at time when emotions and stress make things harder. Applying for a grant of probate is a relatively simple process. However, there are circumstances where probate will almost always be required. When people refer to probate or probating a will, they are likely referring to obtaining a grant of probate. D3mbi*. There is also a new requirement that the applicant provide the Court with proof of death. The Public Trustee cannot arrange for someone to be reimbursed for funeral expenses, unless the Public Trustee is administering the estate. You may wish to contact a lawyer to provide assistance with determining if a grant is required. Information provided was current as of publication date of issue . 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. endstream endobj 33 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 34 0 obj <>stream 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. endstream endobj 3062 0 obj <>stream Further information on this service and locations can be found on the Court and Justice Services (CJS) website. 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. 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.). COVID-19: Can Employers legally require their employees to be vaccinated? 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. If beneficiaries are found later, they can still get their money. The Public Trustee will review the submitted documents and respond to the personal representative. The forms used before June 15th were called NC (Non-contentious) forms. hkK0JKrzY"8uDFVk7'rd4. For example, a house requires monthly expenses, proper ongoing attention, repairs, maintenance, etc. 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. In these situations, on completion of the sale, the sale proceeds sit in the estates bank account and wait for the final probate order. Let us send you information and start helping right away by emailing us directly.We also enjoy taking your calls. What you should know When to apply for a grant of administration When someone dies, their property must be dealt with. 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. The Court uses the net value of the estate to calculate the court fees charged for processing and issuing the grant. Please contact a lawyer for assistance. Estate lawyers work with probate documents regularly and are able to ensure the application proceeds smoothly. Wait for the court to issue a Grant of Probate. The Government of Alberta sets out the forms and steps needed for these applications in the Surrogate Rules. How Criminal Charges Affect Child Custody in Alberta, Alberta COVID-19 Vaccinations & the Workplace. Contact us today to schedule an appointment. / L0!/A-W[ g1 The new GA Forms came into effect on June 15, 2022 for all grant applications in Alberta. 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. Contact us today to schedule an appointment. Stock or share portfolios in a volatile market. Many people call us before a funeral happens. Read more about when Probate is necessary in Alberta here. 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. A person entitled to a Grant of Administration may nominate someone else to be the administrator. Further information on this service and locations can be found on the Court and Justice Services (CJS)website. 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. Contact a lawyer if you need assistance determining whether you should administer an estate. This Weeks Wacky Wednesday: Is Happy the Elephant a Person? In the case of a bankrupt estate, the court may appoint a creditor of the estate. WebApply for probate. 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. This inquiry call to us is free of charge. The personal representative must provide the following to the OPGT office: The Public Trustee will review the submitted documents and respond to the court. Not The personal representative will need to contact the deceased persons bank to inquire. 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. The applicant may have authority as stated in the will, or, if there is no will, as set out in the Estate Administration Act. (Note: the term personal representative is the current legal term used to refer to an executor/executrix, administrator/administratix, and judicial trustee.). You may want to contact a lawyer to discuss specific questions or receive assistance with the administration process. 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. 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. Successfully obtaining the grant gives the administrator the same power as an executor. This can be cheaper than paying a probate practitioner (such as a solicitor) to apply for you. 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. Of course, people must prioritize attending to and protecting the estates assets. In situations where the sale of the estates real property already occurred, a limited grant application helps! The funeral home will submit the application to the Alberta government. The Alberta probate forms, required by the Surrogate Rules, to apply for a Grant of Probate are: Form NC 1. If you do not have a lawyer, contact the Law Society of Albertas Lawyer Referral Service. Suite 625 - Southcentre Executive Tower, 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. If you require specific legal advice on any issue please consult a lawyer. Kahane Law in Calgary helps people with estates regularly. The probate process is not nearly as time-consuming or cost-involved as people often assume. 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. LnRiLWZpZWxke21hcmdpbi1ib3R0b206MC43NmVtfS50Yi1maWVsZC0tbGVmdHt0ZXh0LWFsaWduOmxlZnR9LnRiLWZpZWxkLS1jZW50ZXJ7dGV4dC1hbGlnbjpjZW50ZXJ9LnRiLWZpZWxkLS1yaWdodHt0ZXh0LWFsaWduOnJpZ2h0fS50Yi1maWVsZF9fc2t5cGVfcHJldmlld3twYWRkaW5nOjEwcHggMjBweDtib3JkZXItcmFkaXVzOjNweDtjb2xvcjojZmZmO2JhY2tncm91bmQ6IzAwYWZlZTtkaXNwbGF5OmlubGluZS1ibG9ja311bC5nbGlkZV9fc2xpZGVze21hcmdpbjowfQ==, ICAgQG1lZGlhIG9ubHkgc2NyZWVuIGFuZCAobWF4LXdpZHRoOiA3ODFweCkgeyAgICAgfSBAbWVkaWEgb25seSBzY3JlZW4gYW5kIChtYXgtd2lkdGg6IDU5OXB4KSB7ICAgICB9IA==. OPGT cannot provide legal advice. The forms required for a Grant of Administration when there is no Will are slightly different. Often, the savings in maintaining the assets, paying a mortgage, utilities and insurance, more than offset this cost. You will NOT receive a reply on your feedback. At times this happens under the direction of the courts. In basic, simple estates, the process to receive a Grant Of Probate takes three to four months. The Surrogate Court is the court responsible for the probating of estates. Form NC 2. hbbd``b`jASUbiXA@&Fu@#n?_ Our lawyers help when you need it. The new GA forms are intended to create a more streamlined and efficient process for processing grant applications in Alberta. * Legal Information for Senior AlbertansLearn how to identify, prevent, and deal with Elder Abuse. It is easier for an executor to sell a home right away and not wait months for the grant of probate. Read more about when Probate is necessary in Alberta here. 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 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. Certain assets in an estate always require probating. 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. 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. Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. ?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 endstream endobj 35 0 obj <>stream Not all estates are administered. Review and sign the probate application. Do NOT include personal information. The process for Limited Grants of Probate closely resembles the actual probate process. 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. All fields are required unless otherwise indicated. Administering an estate is a legal matter. The information on this website is provided for general information purposes only and is not meant as legal or other professional advice. 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 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. Copyright All Rights Reserved 2004 Kahane Law Office, Dependent Adult Applications (Represented Adults), A persons personal residence is the asset that most frequently benefits from Limited Grants of Probate. 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. 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. 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. 0 This allows people to sell a home quickly, learn more about the risk of joint tenancy here. Legal Resource Centre of Alberta In addition, it protects the person managing the estate from personal liability. We often receive calls from individuals who live in Calgary and have been appointed as the Executor of a parents Estate. 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. Below is a list of commonly used forms. The Public Trustee cannot provide assistance with applications for a grant. If your estate is non-contentious no one is challenging it the forms are available online. [F'SP))xxIm-Ng*wj)9L!wpkw#&p|[[||S{@p~: 0 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. Directly.We also enjoy taking your calls require their employees to be vaccinated be required with offices in Calgary people... Inquiry call to us or another Calgary probate lawyer, contact the persons. Rules, to apply for a grant of probate is necessary in Alberta determining whether you should administer estate. Process is not meant as legal or other professional advice called NC ( Non-contentious forms! 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