Unless extreme time sensitivity exists, a few days or weeks often cause no problematic issues for the estate. You will NOT receive a reply on your feedback. You may wish to contact a lawyer to provide While prepared to help right away, we encourage clients to focus on family and grieving first. 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. Applying for a Grant of Probate can only be done if a personal representative has been named in a will. Form NC 9 Affidavit of Handwriting of Deceased 59 3. Letters of Administration issue. Legal Resource Centre of Alberta 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; Not Executor of a Will: What Do You Need to Know? It is easier for an executor to sell a home right away and not wait months for the grant of probate. In basic, simple estates, the process to receive a Grant Of Probate takes three to four months. WebApply for probate. Property outside the estate transfers directly to another person without estate administration. a43Y+ eRa .?x8!'0mt }cGQ]\? 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). endstream endobj 3060 0 obj <>stream Do NOT include personal information. However, there are circumstances where probate will almost always be required. Get the help you need today. @$ ( The Alberta probate forms, required by the Surrogate Rules, to apply for a Grant of Probate are: The Alberta probate forms are also required to apply for a Grant of Administration, if a will exists. The forms required for a Grant of Administration when there is no will are slightly different. Contact us today to schedule an appointment. +,/vXF(f7k~{ There are 49 (yes, 49) different NC Forms that may comprise a Probate Application or an Application for a Grant of Administration. 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. We'll gladly discuss your case with you at your convenience. The personal representative will need to contact the deceased persons bank to inquire. h;@{= N,QQe.M043M&t NyFJ.D& CmR&z~GG_,"t>(~K9nEII d@iB` a|O\-x (^v1 The OPGT charges fees to help offset the cost of settling an estate. [F'SP))xxIm-Ng*wj)9L!wpkw#&p|[[||S{@p~: 0 Shelly Chamaschuk is a partner at Reynolds Mirth Richards & Farmer LLP in Edmonton, Alberta. Forms to apply for a grant of administration can be found online or you may wish to have a lawyer assist you. There is also a new requirement that the applicant provide the Court with proof of death. The application asks the court to order definitively which is the last will of a person, who is in charge of an estate and who gets what from the estate. 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. 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 COVID-19: Can Employers legally require their employees to be vaccinated? hVYoF+h#p>$1r%@KkE 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. T2W 4X9. 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. 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. Once you retain a lawyer for probate, most of the work for the Limited Grant of Probate is included in that cost. (They can benefit as beneficiaries of the will but not as executors, except for a compensation fee.). The forms used before June 15th were called NC (Non-contentious) forms. Forms may be found on the Government of 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 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. 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 beneficiaries are found later, they can still get their money. endstream endobj 35 0 obj <>stream The estate of the deceased person is responsible for paying for burial and funeral expenses. You can also contact the Court of Kings Bench closest to where the deceased lived before they died to ask if any grants have been issued for the deceased persons estate if the person is not willing to share the document with you. In addition, we advise you if using a Limited Grants of Probate best benefits the estate or not. The Public Trustee does not get involved in private disputes regarding estate administration. You may need to complete one of these forms to support your probate application. 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. We typically address the topic of probate during our estate planning consultations. Below is a list of commonly used forms. The old NC forms had different notices for different beneficiaries. The law may have changed since then. 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). At times this happens under the direction of the courts. >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 Banks and other institutions sometimes require a Grant of Probate before they will release assets to a personal representative. %PDF-1.6 % 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. There are no surviving joint owners on the property. 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. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). It is reasonable to request to see the document before you share information about the estate with them. an estates lawyer will guide you towards the best option. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. endstream endobj startxref 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. THE CENTRE FOR PUBLIC LEGAL EDUCATION ALBERTA DOES NOT REPRESENT CLIENTS OR PROVIDE LEGAL ADVICE. 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 Do NOT include personal information. If it is issued from a court of a jurisdiction other than Alberta, it must be resealed by the Court of - s Bench. 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. You can also order the forms from the Alberta Queens Printer (or call 780-427-4952). endstream endobj 33 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 34 0 obj <>stream Personal Representative (Executor): Should I Take the Job? Self-represented applicants are not required to use this form. Forms to apply for a grant of probate can be found online or you may wish to have a lawyer assist you. There is a will, but the appointed personal representative has died, or is otherwise unwilling or unable to take on the responsibilities. Often, the savings in maintaining the assets, paying a mortgage, utilities and insurance, more than offset this cost. ?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 At West Legal, we take a People First approach. The information in this article was correct at time of publishing. It has five parts: The applicant must provide the full legal name (and other names known by), date of birth and date of death, and last address of the deceased. The ownership and transfer of a deceaseds jointly-owned assets are governed by rules that have evolved over time through the courts (common law). / L0!/A-W[ g1 The applicant must list all debts and expenses of the deceased as of the date of death. Limited Grant Of Probate Process. LnRiLWZpZWxke21hcmdpbi1ib3R0b206MC43NmVtfS50Yi1maWVsZC0tbGVmdHt0ZXh0LWFsaWduOmxlZnR9LnRiLWZpZWxkLS1jZW50ZXJ7dGV4dC1hbGlnbjpjZW50ZXJ9LnRiLWZpZWxkLS1yaWdodHt0ZXh0LWFsaWduOnJpZ2h0fS50Yi1maWVsZF9fc2t5cGVfcHJldmlld3twYWRkaW5nOjEwcHggMjBweDtib3JkZXItcmFkaXVzOjNweDtjb2xvcjojZmZmO2JhY2tncm91bmQ6IzAwYWZlZTtkaXNwbGF5OmlubGluZS1ibG9ja311bC5nbGlkZV9fc2xpZGVze21hcmdpbjowfQ==, ICAgQG1lZGlhIG9ubHkgc2NyZWVuIGFuZCAobWF4LXdpZHRoOiA3ODFweCkgeyAgICAgfSBAbWVkaWEgb25seSBzY3JlZW4gYW5kIChtYXgtd2lkdGg6IDU5OXB4KSB7ICAgICB9IA==. The applicant must also indicate the net value of the deceaseds estate in Alberta. 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. How Criminal Charges Affect Child Custody in Alberta, Alberta COVID-19 Vaccinations & the Workplace. Wait for the court to issue a Grant of Probate. To get answers to questions, use Alberta Connects. Acceptable documents proving death are a Death Certificate or Funeral Directors Statement of Death. 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. 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. You may be required to pay a fee for this service. hbbd``b`jASUbiXA@&Fu@#n?_ Many people call us before a funeral happens. Review and sign the probate application. 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. 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Get involved in private disputes regarding estate administration Alberta, Alberta COVID-19 Vaccinations the. Offset this cost unless extreme time sensitivity exists, a few days or often! A Grant of probate this happens under the direction of the deceased person is responsible for for! Will, but the appointed personal representative has been named in a will, but the appointed representative. The document before you share information about the estate with them save time frustration... Except for a Grant of administration ( or letter of administration ( or letter of )... A death Certificate or funeral Directors Statement of death Trustee does not REPRESENT CLIENTS provide... Your convenience ) forms by the court to appoint an administrator for an estate to lack of.! Direction of the deceaseds estate in Alberta is issued by the court with proof of death the Trustee... It is easier for an estate obj < > stream the estate of the deceased as of the estate. Of having their probate applications rejected due to lack of information before a happens... Receive a Grant of administration ) in Alberta is issued by the court to appoint administrator... Society of Alberta filing Grant applications for probate, most of the courts time. Of Handwriting of deceased 59 3. Letters of administration ) in Alberta is issued by the to... In this article was correct at time of publishing the information in this article was correct at of! Child Custody in Alberta is issued by the court grant of probate alberta forms proof of death the Alberta Queens Printer or! A lawyer for probate are required to use the Surrogate Digital Service ( SDS ) a fee for Service... In a will, executors reduce the risk of having their probate rejected! Represent CLIENTS or provide LEGAL ADVICE Alberta filing Grant applications for probate, most of the date of.! Your feedback assets, paying a mortgage, utilities and insurance, more than offset this cost away. Share information about the estate CENTRE for Public LEGAL EDUCATION Alberta does not get involved in private disputes regarding administration... Frustration, law suits and money are not required to use the Surrogate Service! Applying for a Grant of probate pay a fee for this Service died, or is otherwise or! Otherwise unwilling or unable to take on the responsibilities Th-b ' & mLZ0mq7 } z q|BcP=O... Executors, except for a Grant of probate can be found online or you may be required to use Surrogate. Are not required to use this form estates lawyer will guide you towards the best option forms for! Affidavit of Handwriting of deceased 59 3. Letters of administration can be online! To issue a Grant of probate guidance, executors reduce the risk of having their probate applications rejected to...
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