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]. Executor of a Will: What Do You Need to Know? The applicant must list the jointly owned assets to the best of their ability using the information available to them. ^ Below is a list of commonly used forms. 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. Unfortunately, those needing to deal with probate, do so at a time when they face the emotional challenges of losing someone they cared about. The law may have changed since then. 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. You may want to discuss these questions with a lawyer. with a trusted third party, such as a lawyer, the will belongs to a Public Trustee client, or, the will names the Public Trustee as personal representative, identify the estate assets and liabilities, satisfy the debts and obligations of the estate, and, distribute and account for the administration of the estate, the deceased chose a specific person to be the beneficiary on specific property, such as a beneficiary designation on an investment, the deceased owned property jointly with someone and the property automatically falls to the surviving owner. The grant provides official confirmation of a personal representative, protecting these kinds of third-party organizations. 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. It is easier for an executor to sell a home right away and not wait months for the grant of probate. Our free consultation allows you definitely know the answer to the Probate vs. Clients often have questions about the probate process, and rightfully so. getting messages about updating Adobe Reader): Lemploi de la langue franaise et service d'interprte, Avis et demande daudience en franais / French Language Notice and Request, Service Outside of Canada (Includes Hague Service Convention), Adjournment Request - Family Docket Court, Service Outside of Canada (Includes Hague Convention), Guidelines for Documents filed by Email or Digital Upload, Checklist for Filing of Electronic Documents, Criminal - Justice Seized Booking Request Form, Remote Hearings Protocol & Troubleshooting, Review and Assessment Booking Request Form, eNotice of Restricted Access Applications, Notice to Media of Application for Restricting Order, Affidavit of Self-appointed Litigation Representative, Notice of Self-appointment of Litigation Representative, Originating Application - Notice of Appeal/Reference, Demand for Notice by Third Party Defendant(s), Application to Enforce Judgment Against Third Party Defendant, Reply to Defence of Third Party Defendant, Notice of Appeal of Applications Judge's Judgment or Order, Order that Evidence Be Taken Outside Alberta, Originating Application for Interpleader Order, Civil Enforcement Agency Directions to Instructing Creditor, Application for Court to Set a Trial Date, Application for an Order that a Judgment Has Been Satisfied, Notice of Appointment for Review of Retainer Agreement Lawyer's Charges, Notice of Appeal of Review Officer's Decision, Notice of Appeal of Assessment Officer's Decision, Notice of Address for Service in Foreclosure Action, Notice of Default (Residential Tenancy Act), Notice of Default (Mobile Home Sites Tenancies Act), Application for Dispute Resolution Exemption, Response to Application for Dispute Resolution Exemption, Financial Statement of Debtor (Corporate Debtor), Financial Statement of Debtor (Individual Debtor), Choose "Always Open in System Viewer" after download, Or try right-clicking on the link or download button and choosing "Save Link As" and then opening the file from your computer, Or try clicking the pdf icon in the address bar and selecting open in Adobe Viewer or. Once you retain a lawyer for probate, most of the work for the Limited Grant of Probate is included in that cost. Get up-to-date on the latest news and upcoming events at CPLEA. You can also order the forms from the Alberta Queens Printer (or call 780-427-4952). In addition, it protects the person managing the estate from personal liability. The information collected here is about the applicants and their right and priority to apply for the grant. With the Limited Grants of Probate, the court orders that a specific person is in charge of the estate to sell specific items, as needed. Information provided was current as of publication date of issue . The package also includes a link to all applicable court forms required for your application. The funeral home will submit the application to the Alberta government. Of course, people must prioritize attending to and protecting the estates assets. Essentially, the order is used for the preservation or property or converting property into another form (for example, money) which is more easily managed. Many assets benefit from using a Limited Grants of Probate. The Court accepted applications submitted prior to June 15, 2022 using the old NC forms. Now, the Form GA1 sets out many of these roles, responsibilities, and duties of the personal representative, and the applicant must acknowledge and undertake to perform them. Simple estates, estates with minimal assets and estates where all assets are held with a surviving spouse in joint names may not require probate. There is now one consolidated notice form for all beneficiaries and other interested parties. One of the goals of the surrogate reform project was to simplify the forms and reduce the duplication of information required under the NC forms. Legislationabout estates, wills and funerals: The Public Trustee as the Representative of a Deceased Persons Estate. We also have an Edmonton office to help people there. The personal representative must provide the following to the OPGT office: The Public Trustee will review the submitted documents and respond to the court. MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. 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. +,/vXF(f7k~{ Stock or share portfolios in a volatile market. 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. The Public Trustee cannot arrange for someone to be reimbursed for funeral expenses, unless the Public Trustee is administering the estate. 27 0 obj <> endobj [F'SP))xxIm-Ng*wj)9L!wpkw#&p|[[||S{@p~: 0 When there is more than one family member eligible to apply for a Grant of Administration, the family should decide who will apply and who will renounce their appointment. endstream endobj 3060 0 obj <>stream hkK0JKrzY"8uDFVk7'rd4. You may need to complete one of these forms to support your probate application. 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. 44 0 obj <>stream This gives a legal right to a person to make those decisions. 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. You must: fill out the appropriate application forms, which are known as the surrogate forms publish a notice in the newspaper for those with potential claims against the estate Court and Justice Services (CJS) provides access to Court of King's Bench Surrogate forms dealing with non-contentious surrogate matters. The Government of Alberta sets out the forms and steps needed It also confirms the validity and legitimacy of the deceaseds Last Will. 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. The Alberta probate forms, required by the Surrogate Rules, to apply for a Grant of Probate are: Form NC 1. 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 If the Public Trustee administersan estate, the Public Trustee will: Contact the OPGT immediately if you think: If there is money in an estate administered by the Public Trustee, and the beneficiaries cannot be found, the funds will eventually go to Albertas provincial treasurer. 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. You must serve the trustee, not the represented adult. 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. WebForms Civil Forms Assistance with Preparing Court Forms 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. Note:If you are having trouble opening PDF forms (i.e. an estates lawyer will guide you towards the best option. 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. Please contact a lawyer for assistance. In addition, we advise you if using a Limited Grants of Probate best benefits the estate or not. An original or a certified copy of the grant of probate or letters of administration under seal of the Court of Kings Bench of Alberta must be attached to the application. 0 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 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. If you do not have a lawyer, contact the Law Society of Albertas Lawyer Referral Service. The grant allows the personal representative to legally fulfill their duties as the administrator of the estate. Whether or not you decide to administer an estate depends on the property and debts in the estate. 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 someone claims to be administering the estate, they will have documentation verifying thisusually a grant or will. pleting the Specialized Forms for an 6 Com Application for Probate 57 1.orm NC 6.1 Acknowledgment of Trustees F 57 2. To apply for a Grant of Administration you should reach out to a qualified wills and estates attorney who can help you begin the process. lx\#l[4IrP3S7jlV("SBl&)xN7BmwdMi#^bh^&E4e2jiU !t{Cw& Legal Information for Senior AlbertansLearn how to identify, prevent, and deal with Elder Abuse. How Criminal Charges Affect Child Custody in Alberta, Alberta COVID-19 Vaccinations & the Workplace. If it is issued from a court of a jurisdiction other than Alberta, it must be resealed by the Court of - s Bench. The executor or administrator of the estate then begins managing and distributing the assets. Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. The term Limited: refers to the fact that the order is limited to specific assets. If you require specific legal advice on any issue please consult a lawyer. Contact us today to schedule an appointment. 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. The Public Trustee will review the submitted documents and respond to the personal representative. With offices in Calgary and Edmonton, we help you at at time when emotions and stress make things harder. Limited Grants of Probate allow for a faster process to sell these assets. 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