WebApply for probate. Typically, a grant of probate is obtained for estates where a valid will exists that appoints a willing and able personal representative. 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. endstream endobj 3062 0 obj <>stream Forms to apply for a grant of administration can be found online or you may wish to have a lawyer assist you. As such, the Estate Planning Lawyers at West Legal dont believe in avoiding probate at all costs. The fees for a Grant of Administration are the same as the fees for a Grant of Probate. Form NC 2. Once we complete the limited grant the rest of the probate follows suit. We respect that the loss of a loved one is hard on everyone. 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. Important To Note: Since the use of Limited Grants, the risky practice of trying to avoid probate is less useful. Open the PDF form with Adobe Reader. The applicant must list the jointly owned assets to the best of their ability using the information available to them. 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. 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. Further information on this service and locations can be found on the Court and Justice Services (CJS)website. While prepared to help right away, we encourage clients to focus on family and grieving first. Looking for articles like this one to be delivered right to your inbox? The Surrogate Court is the court responsible for the probating of estates. alTlI!n^.ww_j83n`!1 &Vz958)0K.PQP_Rb ^1c This gives a legal right to a person to make those decisions. The information in this article was correct at time of publishing. You may wish to contact a lawyer to provide At times this happens under the direction of the courts. Read more about when Probate is necessary in Alberta here. h240Q0P040U02T+-( 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. This part lists the names, mailing addresses and email addresses of the beneficiaries of the estate, along with a description of the gift each beneficiary is to receive. The new rules and forms came into effect on June 15, 2022. Applying for a grant of probate is a relatively simple process. Save my name, email, and website in this browser for the next time I comment. The GA forms are fillable PDF forms that you can download and save. For example, a house requires monthly expenses, proper ongoing attention, repairs, maintenance, etc. Legal Information for Senior AlbertansLearn how to identify, prevent, and deal with Elder Abuse. If no one else can, the public trustee will consider managing an estate if the beneficiary is a minor or represented adult. 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; %PDF-1.7 % Acceptable documents proving death are a Death Certificate or Funeral Directors Statement of Death. Court and Justice Services (CJS) provides access to Court of King's Bench Surrogate forms dealing with non-contentious surrogate matters. 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. 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. 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). The new GA forms are intended to create a more streamlined and efficient process for processing grant applications in Alberta. A probate lawyer often helps ensure that this process moves smoother and quicker than when people attempt this process themselves. This form is a compilation of the information found in a number of NC forms. 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. The Court accepted applications submitted prior to June 15, 2022 using the old NC forms. ptD.{\T*"^m0:"lEZf+q) %"{\w>>UP5M[U/>DpdRf_64a$)[S?a'-"oy^c/EpHH[PJ(aoOkE,%oy#7-MA 7,]lk3W!vcer=71Ld= Clients often have questions about the probate process, and rightfully so. We often receive calls from individuals who live in Calgary and have been appointed as the Executor of a parents 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. hkK0JKrzY"8uDFVk7'rd4. Its sensible for you to reach out to us or another Calgary probate lawyer, even if your loved one passed away out-of-province. 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). If it is issued from a court of a jurisdiction other than Alberta, it must be resealed by the Court of - s Bench. Depending on the circumstances, jointly owned assets may form part of the deceaseds estate or may pass outside of the deceaseds estate by right of survivorship to the surviving joint owner. In addition, we advise you if using a Limited Grants of Probate best benefits the estate or not. If youve been appointed as the Executor or Personal Representative of an Alberta Estate, you may need to apply for a Grant of Administration or a Grant of Probate. 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. 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. You can find the GA forms on the Alberta Queens Printer website (for purchase) and the Government of Alberta website (for free). 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. Wait for the court to issue a Grant of Probate. 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. There is a will, but the appointed personal representative has died, or is otherwise unwilling or unable to take on the responsibilities. Shelly Chamaschuk is a partner at Reynolds Mirth Richards & Farmer LLP in Edmonton, Alberta. You may wish to contact a lawyer to provide assistance with determining if a grant is required. Ideally, we help relieve you of some of the legal and logistical parts of managing that loved ones estate. However, while mostly used for probating real estate, there are more assets that benefit from this type of probate application. The Public Trustee will consider getting involved only if: The Public Trustee does not become involved in family disputes or provide legal advice. The Public Trustee will only consider administering an estate if a minor, or a Represented Adult client of the Public Trustee, is a beneficiary of the estate and no other party is administering. EDITORS NOTE Read CPLEAs Getting a Grant of Probate and Administration in Alberta booklet to learn more about the process for getting a grant. endstream endobj 32 0 obj <>stream Fees may change without notice. We typically address the topic of probate during our estate planning consultations. 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. Download forms for applying to the Court of Kings Bench dealing with non-contentious surrogate matters. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). You will NOT receive a reply on your feedback. 0~XU!jn4+vLM#2nbd6[i 3058 0 obj <>stream It is easier for an executor to sell a home right away and not wait months for the grant of probate. Simple estates, estates with minimal assets and estates where all assets are held with a surviving spouse in joint names may not require probate. This Weeks Wacky Wednesday: Is Happy the Elephant a Person? The Alberta probate forms, required by the Surrogate Rules, to apply for a Grant of Probate are: Form NC 1. Whats the Difference Between Civil, Family & Criminal Law? Our free consultation allows you definitely know the answer to the Probate vs. All applications must be submitted using the GA forms. Form NC 9 Affidavit of Handwriting of Deceased 59 3. 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 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).

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