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. MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. These applications often allow people to legally sell or manage estate assets in weeks. If your estate is non-contentious no one is challenging it the forms are available online. Below is a list of commonly used forms. COVID-19: Can Employers legally require their employees to be vaccinated? @$ ( MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. " ):;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 For example, the benefits of adding an adult child to the title of your home in hopes of avoiding probate may be outweighed by the risk of claims against your property from a divorce or lawsuit against your adult child. Banks and other institutions sometimes require a Grant of Probate before they will release assets to a personal representative. 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. 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 wish to contact a lawyer if you have any questions about authority. 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. All fields are required unless otherwise indicated. The Court will not issue a grant until it has received a filed Form GA5 Affidavit of Service for each interested party. 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 [Read more] A Grant of Probate must be obtained by the personal representative to prove that the will is valid in certain cases. a43Y+ eRa .?x8!'0mt }cGQ]\? 0~XU!jn4+vLM#2nbd6[i 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. In an effort to modernize and simplify the process for getting a grant, Alberta amended these Surrogate Rules and simplified the forms. Alberta 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. When a person dies without a will (intestate). 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. Top 10 Reasons to Get a Severance Package Reviewed by an Employment Lawyer. WebThe probate process in Alberta can be complicated and can take months or even years to complete. 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. Further information on this service and locations can be found on the Court and Justice Services (CJS)website. endstream endobj 3059 0 obj <>stream The Public Trustee will not act to clear a deceased persons property unless the Public Trustee is administering the estate. Of course, people must prioritize attending to and protecting the estates assets. 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. 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 Further information on this service and locations can be found on the Court and Justice Services (CJS) website. Applying for a Grant of Probate can only be done if a personal representative has been named in a will. If someone claims to be administering the estate, they will have documentation verifying thisusually a grant or will. Probating an estate means making an application to the Surrogate Court in Alberta. Criminal & Family Law: How Do They Intersect? The personal representative appointed in the will decides not to apply for probate but wants to reserve the right to apply later and later applies. The grant provides official confirmation of a personal representative, protecting these kinds of third-party organizations. 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 The application 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. 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: . The Public Trustee will review the submitted documents and respond to the personal representative. Before June 15, 2022, the applicant only had to report assets the deceased owned that were located within Alberta. Then the appropriate Read more about when Probate is necessary in Alberta here. 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. 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. Many assets benefit from using a Limited Grants of Probate. We often receive calls from individuals who live in Calgary and have been appointed as the Executor of a parents Estate. Essentially, the order is used for the preservation or property or converting property into another form (for example, money) which is more easily managed. Forms may be found on the Government of How Criminal Charges Affect Child Custody in Alberta, Alberta COVID-19 Vaccinations & the Workplace. %PDF-1.6 % The Surrogate Court is the court responsible for the probating of estates. 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. 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 you can avoid probate and the associated legal costs. 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. Note:If you are having trouble opening PDF forms (i.e. If it is issued from a court of a jurisdiction other than Alberta, it must be resealed by the Court of - s Bench. Applying for the Grant of Probate in Alberta Once all the information has been collected, the probate forms must be completed. 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). Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). 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. WebAlways ensure that, if you live in Alberta, that you understand the process here. The registry contains information about who to contact regarding locating the will. All applications must be submitted using the GA forms. Open the PDF form with Adobe Reader. The executor or administrator of the estate then begins managing and distributing the assets. This can be cheaper than paying a probate practitioner (such as a solicitor) to apply for you. One of the important oversight roles of the Court is to ensure all persons entitled to receive notice of the application have been served with notice. If worried, please call for direction. 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