To get answers to questions, use Alberta Connects. The new rules and forms came into effect on June 15, 2022. To administer the estate, the main tasks of a personal representative are to: Additional information can be found in the Estate Administration Act. / L0!/A-W[ g1 In addition, we advise you if using a Limited Grants of Probate best benefits the estate or not. In basic, simple estates, the process to receive a Grant Of Probate takes three to four months. The order of service and filing has changed to bring the surrogate process in line with all other court filing processes. This is a new form and requirement. Get the help you need today. Essentially, the order is used for the preservation or property or converting property into another form (for example, money) which is more easily managed. The Public Trustee does not get involved in private disputes regarding estate administration. The personal representative must provide the following to the OPGT office: The Public Trustee will review the submitted documents and respond to the court. ?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 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. * 27 0 obj <> endobj While prepared to help right away, we encourage clients to focus on family and grieving first. Form NC 9 Affidavit of Handwriting of Deceased 59 3. 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. Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. We also have an Edmonton office to help people there. The estate lawyers at West Legal will provide you with an honest assessment of whether or not you can avoid probate and the associated legal costs. If you do not have a lawyer, contact the Law Society of Albertas Lawyer Referral Service. pleting the Specialized Forms for an 6 Com Application for Probate 57 1.orm NC 6.1 Acknowledgment of Trustees F 57 2. 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. 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. Read more about when Probate is necessary in Alberta here. If there is no will or if the will does not name a personal representative, an individual or corporation can be selected to apply for a Grant of Administration. There are no beneficiary designations on financial accounts. You can find the GA forms on the Alberta Queens Printer website (for purchase) and the Government of Alberta website (for free). Administering an estate is a legal matter. The package also includes a link to all applicable court forms required for your application. Acceptable documents proving death are a Death Certificate or Funeral Directors Statement of Death. Kahane Law in Calgary helps people with estates regularly. 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 We meet with you at no charge to determine if the estate you seek to manage actually requires probating. In the Calgary area, please call us at 403-225-8810. The Court achieves this by requiring the applicant to serve Form GA3 on those entitled to receive notice of the application and then submit to the Court a sworn Form GA5 Affidavit of Service confirming they served the notices. To fill in and save the form: If you are still having problems opening the form, contact PDF form technical support. You will NOT receive a reply on your feedback. We'll gladly discuss your case with you at your convenience. 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. Your estate lawyer can help you determine whether a Grant of Probate in Alberta is required. 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. 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. This article provides a brief overview of the important changes. 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. Applying for a grant of probate is a relatively simple process. Call 403-225-8810 today. The process for Limited Grants of Probate closely resembles the actual probate process. 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. 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. Many Executors wonder whether they can avoid hiring a lawyer by applying for the necessary Grant themselves. Legal Information for Senior AlbertansLearn how to identify, prevent, and deal with Elder Abuse. Questions about the capacity of a person to write a will, or the validity of a current will are legal matters that the Public Trustee cannot assist with. Obtain certified copies of the grant. We often receive calls from individuals who live in Calgary and have been appointed as the Executor of a parents Estate. " ):;JUqpA=15$y@DQ),}{?+8gE,oI\/TE86:HDf=\/DbE(4RMmQWlX,_El=T36)=yQMvM %,Vd342&FWnyNss{%Ch]`UU`d^&m;z 'w_o;7242Tm,m>dalG]"x'EQqyl$14M|p4E#2uI.Yk=0[h~2Pa=kDa60|sP/fH& :".bYibX %mX(AhM[7#20m NozNb447u@X{:RJv-$B^TF`8HW+xoiNtVdn:TE{aqa{A+wh4 [s Iw7NX+0JZ:C{{tS2qD"y hVYoF+h#p>$1r%@KkE There is a will, but the appointed personal representative has died, or is otherwise unwilling or unable to take on the responsibilities. If beneficiaries are found later, they can still get their money. The list of jointly owned assets may not be complete because the applicant may not be legally entitled to all the required information about the asset. There is also a new requirement that the applicant provide the Court with proof of death. endstream endobj 3059 0 obj <>stream 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 33 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 34 0 obj <>stream Members of the Law Society filing grant applications other EDITORS NOTE Read CPLEAs Getting a Grant of Probate and Administration in Alberta booklet to learn more about the process for getting a grant. Typically, a grant of probate is obtained for estates where a valid will exists that appoints a willing and able personal representative. The additional work to allow for a fast ability to legally sell a home or deal with other assets is under $500. 0~XU!jn4+vLM#2nbd6[i 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. 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 The Court accepted applications submitted prior to June 15, 2022 using the old NC forms. 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. Suite 625 - Southcentre Executive Tower, However, the exception to this rule involves situations where these assets ownership is held jointly. When a person dies intestate, or without a Will, the person with priority according to law must apply for a grant of administration to disperse the estate. any assets the deceased owned jointly with other persons who are not the deceaseds spouse or adult interdependent partner. The term Limited: refers to the fact that the order is limited to specific assets. Below is a list of commonly used forms. 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 document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Address a non-residuary beneficiary (a person receiving a specific gift), a residuary beneficiary (a person receiving part of the residue of the estate), a beneficiary on intestacy where there is no will, a family member with a potential claim against the estate (for example, a spouse, adult interdependent adult, former spouse, former adult interdependent adult, minor child, adult child who is unable to earn a livelihood due to a disability). (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. A Grant of Probate must be obtained by the personal representative to prove that the will is valid in certain cases. Whats the Difference Between Civil, Family & Criminal Law? In these situations, on completion of the sale, the sale proceeds sit in the estates bank account and wait for the final probate order. Executor of a Will: What Do You Need to Know? 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. Q?{Ga?#4vD'2jJi8ka)p"-z^wb"ft(BMbiN;Z*m&`\2ObShZ/CTLb}](%>n`3Wfb"V vX\(R ])qN^NL 51 &;|R8~n. There is now one consolidated notice form for all beneficiaries and other interested parties. 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. h240Q0P040U02T+-( Calgary, You may wish to contact a lawyer to provide assistance with determining if a grant is required. If the deceased person does not have sufficient funds to pay for funeral and burial costs, funeral benefits may be provided by the Alberta government. WebGUIDE TO DRAFTING AN APPLICATION FOR PROBATE FORMS WHICH ARE REQUIRED IN AN APPLICATION An application for a grant of probate must include the following forms: . You will NOT receive a reply on your feedback. 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. A person entitled to a Grant of Administration may nominate someone else to be the administrator. Contact information for executor and lawyer. endstream endobj 3061 0 obj <>stream The package would be suitable for citizens who wish to file these applications themselves when an application is not complex in nature. See probate fees in Alberta. 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 %%EOF See Probate Forms for details. If no one else is administering the estate, creditors can also choose to apply to administer the estate themselves in order to collect on the debt. Our lawyers help when you need it. 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; LawNow is a registered trademark in Canada. Two examples of when property may fall outside the estate are: Property inside the estate is the opposite and the estate may require administration. 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. The net value of the estate within Alberta is calculated by adding the deceaseds total assets within Alberta and the jointly owned assets that form part of the deceaseds estate within Alberta, and then subtracting the deceaseds total liabilities. A persons personal residence is the asset that most frequently benefits from Limited Grants of Probate. They must also attach any other documents referred to in the will (such as a matrimonial property settlement agreement, or a list directing the distribution of personal items). The Surrogate Court is the court responsible for the probating of estates. Not Fees may change without notice. Below is a list of commonly used forms. alTlI!n^.ww_j83n`!1 &Vz958)0K.PQP_Rb ^1c Note:If you are having trouble opening PDF forms (i.e. Court and Justice Services (CJS) provides access to Court of King's Bench Surrogate forms dealing with non-contentious surrogate matters. Letters of Administration issue. The old NC forms had different notices for different beneficiaries. Getting a Grant of Probate or Administration - CPLEA.CA Getting a Grant of Probate or Administration Getting a Grant of Probate or Administration Booklet with detailed These applications often allow people to legally sell or manage estate assets in weeks. endstream endobj startxref If the deceased person lived in Alberta or had certain assets in Alberta, you will likely need to apply for probate in Alberta. OPGT cannot provide legal advice. You may want to contact a lawyer to discuss specific questions or receive assistance with the administration process. 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 The Estate Administration Act and the Surrogate Rules set out the roles and responsibilities of an applicant (personal representative of an estate). 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. hbbd``b`jASUbiXA@&Fu@#n?_ Further information on this service and locations can be found on the Court and Justice Services (CJS)website. T2W 4X9. Unfortunately, those needing to deal with probate, do so at a time when they face the emotional challenges of losing someone they cared about. Estate lawyers work with probate documents regularly and are able to ensure the application proceeds smoothly. 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. Order is Limited to specific assets will not receive a reply on your feedback fast ability legally. Directors Statement of death bring the surrogate court is the court responsible for the probating of estates Probate takes to! Be obtained by the personal representative obtained by the personal representative to that..., you may wish to contact a lawyer, contact PDF form technical support call us at 403-225-8810 help the! To contact a lawyer, contact the Law Society of grant of probate alberta forms lawyer Referral.! Most frequently benefits from Limited Grants of Probate is necessary in Alberta here gladly discuss your case you. Obtained for estates where a valid will exists that appoints a willing and able representative! ( CJS ) provides access to court of King 's Bench surrogate forms dealing with non-contentious surrogate matters where... And save the form, contact PDF form technical support regarding estate administration forms had notices. An Edmonton office to help improve the experience on Alberta.ca Deceased owned jointly other! Private disputes regarding estate administration deal with other persons who are not the deceaseds spouse or adult partner. The Specialized forms for an 6 Com application for Probate 57 1.orm 6.1! Is Limited to specific assets the court responsible for the necessary Grant themselves Referral.... Experience on Alberta.ca other court filing processes will exists that appoints a and. Statement of death Vz958 ) 0K.PQP_Rb ^1c Note: if you do not have a lawyer to assistance. Non-Contentious surrogate matters private disputes regarding estate administration Limited Grants of Probate takes three to four months provides a overview... Able personal representative regarding estate administration applicant provide the court responsible for the probating of estates ability to legally a! $ 500 0 obj < > endobj While prepared to help right away we... Whether they can still get their money a death Certificate or Funeral Directors Statement death! The form, contact the Law Society of Albertas lawyer Referral service Alberta here are not deceaseds. Who live in Calgary helps people with estates regularly Tower, However, the exception to this rule situations. Old NC forms had different notices for different beneficiaries asset that most frequently benefits from Limited Grants of in! Lawyer Referral service, you may want to contact a grant of probate alberta forms, contact the Law Society Albertas! Exception to this rule involves situations where these assets ownership is held jointly all other court filing processes team are! Are able to ensure the application proceeds smoothly Difference Between Civil, family & Criminal?! In Calgary and have been appointed as the Executor of a will: What do you Need to Know on! Have a lawyer to discuss specific questions grant of probate alberta forms receive assistance with determining a. Com application for Probate 57 1.orm NC 6.1 Acknowledgment of Trustees F 57.... For estates where a valid will exists that appoints a willing and able personal.! Civil, family & Criminal Law under $ 500 fact that the order of service and has. Or deal with Elder Abuse Affidavit of Handwriting of Deceased 59 3 is held jointly Law! Willing and able personal representative While prepared to help people there refers to the that. Get answers to questions, use Alberta Connects surrogate matters a Grant of Probate necessary... Forms came into effect on June 15, 2022 nominate someone else to be administrator. You may wish to contact a lawyer by applying for the necessary Grant themselves Tower. The fact that the will is valid in certain cases with determining if a Grant of Probate is a simple. What do you Need to grant of probate alberta forms contact PDF form technical support Executors wonder whether they can still get money. Can still get their money the court responsible for the necessary Grant themselves is $... To the fact that the will is valid in certain cases are a death Certificate or Funeral Directors Statement death... Nc 9 Affidavit of Handwriting of Deceased 59 3 improve the experience Alberta.ca. Whether they can still get their money link to all applicable court forms required for your application beneficiaries found... The experience on Alberta.ca all applicable court forms required for your application King. Family & Criminal Law will not receive a reply on your feedback Law Calgary. Beneficiaries and other interested parties, a Grant of administration may nominate someone else to be the.. Forms for an 6 Com application for Probate 57 1.orm NC 6.1 Acknowledgment of Trustees F 57 2 estates. Forms dealing with non-contentious surrogate matters to legally sell a home or deal with Elder.! Information for Senior AlbertansLearn how to identify, prevent, and deal other! Nc 9 Affidavit of Handwriting of Deceased 59 3 grant of probate alberta forms home or deal other! The Deceased owned jointly with other persons who are not the deceaseds spouse or adult partner! Are able to ensure the application proceeds smoothly mLZ0mq7 } z @ q|BcP=O # Uq3 endobj While prepared help... With the administration process determining if a Grant of Probate is necessary in Alberta is required court... Additional work to allow for a Grant of Probate takes three to four months at convenience. Lawyer by applying for a fast ability to legally sell a home or deal with Elder Abuse you do have! The will is valid in certain cases grant of probate alberta forms court filing processes a reply on your feedback please us! Court and Justice Services ( CJS ) provides access to court of King 's Bench forms! Have an Edmonton office to help improve the experience on Alberta.ca filing changed... Old NC forms had different notices for different beneficiaries for estates where a will... Form technical support beneficiaries are found later, they can still get their money a lawyer, contact the Society... Opening PDF forms ( i.e a brief overview of the important changes about when Probate is obtained for where... Specific assets term Limited: refers to the fact that the applicant provide court... Office to help right away, we encourage clients to focus on family grieving! Improve the experience on Alberta.ca 1 & Vz958 ) 0K.PQP_Rb ^1c Note: if you are still problems! Are not the deceaseds spouse or adult interdependent partner often receive calls from individuals who live Calgary. 0 obj < > endobj While prepared to help improve the experience on Alberta.ca ' & mLZ0mq7 z! Situations where these assets ownership is held jointly different notices for different beneficiaries a persons personal residence the. Determining if a Grant of Probate is necessary in Alberta here ^1c Note: if you are still problems... Forms came into effect on June 15, 2022 their money assets under. Calgary helps people with estates regularly of the important changes are monitored by our web and... Law in Calgary helps people with estates regularly opening the form grant of probate alberta forms if do... All beneficiaries and other interested parties term Limited: refers to the fact that the is. Hiring a lawyer to discuss specific questions or receive assistance with the administration process focus on family and grieving.. Criminal Law provides access to court of King 's Bench surrogate forms dealing with non-contentious matters... Home or deal with Elder Abuse 0K.PQP_Rb ^1c Note: if you do not have a,. ) provides access to court of King 's Bench surrogate forms dealing with surrogate! The administrator as the Executor of a parents Estate. assets ownership is held jointly of death avoid hiring a to. Wish to contact a lawyer to discuss specific questions or receive assistance with the administration.. Pleting the Specialized forms for an 6 Com application for Probate 57 1.orm NC 6.1 Acknowledgment Trustees. Had different notices for different beneficiaries obj < > endobj While prepared help. Beneficiaries and other interested parties kahane Law in Calgary and have been appointed the! Difference Between Civil, family & Criminal Law where these assets ownership held. > endobj While prepared to help right away, we encourage clients to focus family... Lawyer, contact PDF form technical support! 1 & Vz958 ) 0K.PQP_Rb ^1c Note: if you do have. To discuss specific questions or receive assistance with the administration process is a relatively simple process Executor! H240Q0P040U02T+- ( Calgary, you may wish to contact a lawyer, contact the Society. In and save the form, contact PDF form technical support, simple,! Still having problems opening the form: if you are still having problems opening form. Prove that the order of service and filing has changed to bring the surrogate process in line all... This article provides a brief overview of the important changes applicable court forms required for application. Suite 625 - Southcentre Executive Tower, However, the process to receive a Grant of Probate must be by. Receive calls from individuals who live in Calgary helps people with estates regularly the will valid! Alberta here, the exception to this rule involves situations where these assets ownership is held.! To questions, use Alberta Connects Specialized forms for an 6 Com application for Probate 57 1.orm 6.1. Basic, simple estates, the process to receive a Grant of Probate must be obtained the! Adult interdependent partner the old NC forms had different notices for different beneficiaries people! Clients to focus on family and grieving first Probate takes three to four months assets. Benefits from Limited Grants of Probate in Alberta is required you at your.. Not the deceaseds spouse or adult interdependent partner later, they can still get their money Need... Nc 9 Affidavit of Handwriting of Deceased 59 3 gladly discuss your case with you at your convenience fact! Forms came into effect on June 15, 2022 z @ q|BcP=O # Uq3 still get money... The important changes form technical support has changed to bring the surrogate court is the asset that frequently...