Do NOT include personal information. The applicant may have authority as stated in the will, or, if there is no will, as set out in the Estate Administration Act. A grant of probate is obtained by the personal representative, or executor, of the estate upon application to the Surrogate Office of the Court of Queens Bench in Alberta. 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. Letters of Administration issue. However, while mostly used for probating real estate, there are more assets that benefit from this type of probate application. 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 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. 44 0 obj <>stream Upon receiving the grant, the applicant must serve interested parties with a notice saying the Court has issued the grant. 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. At West Legal, we take a People First approach. While prepared to help right away, we encourage clients to focus on family and grieving first. Limited Grant Of Probate Process. Once we complete the limited grant the rest of the probate follows suit. We'll gladly discuss your case with you at your convenience. %PDF-1.7 % For example, assets that a quick probate order assists with include: The process for Limited Grants of Probate closely resembles the actual probate process. Applying for a grant of probate is a relatively simple process. endstream endobj 32 0 obj <>stream In these situations, on completion of the sale, the sale proceeds sit in the estates bank account and wait for the final probate order. If the deceased person lived in Alberta or had certain assets in Alberta, you will likely need to apply for probate in Alberta. To administer the estate, the main tasks of a personal representative are to: Additional information can be found in the Estate Administration Act. In the case of a bankrupt estate, the court may appoint a creditor of the estate. Booklet with detailed legal information about the different types of grants and how to apply for them in Alberta. Ideally, we help relieve you of some of the legal and logistical parts of managing that loved ones estate. We typically address the topic of probate during our estate planning consultations. We let you know if you need probate, at no cost. Information provided was current as of publication date of issue . The grant provides official confirmation of a personal representative, protecting these kinds of third-party organizations. 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 If someone claims to be administering the estate, they will have documentation verifying thisusually a grant or will. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. Acceptable documents proving death are a Death Certificate or Funeral Directors Statement of Death. Estate lawyers work with probate documents regularly and are able to ensure the application proceeds smoothly. 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. +,/vXF(f7k~{ The term probate has little meaning for people until they manage the estate of a loved one. hL You will NOT receive a reply on your feedback. There is no hard-and-fast rule that determines when obtaining a grant of probate is necessary. Self-represented applicants are not required to use this form. Personal Representative (Executor): Should I Take the Job? hkK0JKrzY"8uDFVk7'rd4. 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. 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. 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. Administering an estate is a legal matter. Whether or not you decide to administer an estate depends on the property and debts in the estate. This Weeks Wacky Wednesday: The Hawaiian Rolls That Werent, This Weeks Wacky Wednesday: Living the High Life at a Closed Restaurant. WebIf youre named as an executor in the will, you can use form PA1P to apply for a grant of probate, a legal document that shows you have the right to deal with the estate. 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. !)%*M!#'=m i&BK hkD.S]s>k{p ptD.{\T*"^m0:"lEZf+q) %"{\w>>UP5M[U/>DpdRf_64a$)[S?a'-"oy^c/EpHH[PJ(aoOkE,%oy#7-MA 7,]lk3W!vcer=71Ld= The application asks the court to order definitively which is the last will of a person, who is in charge of an estate and who gets what from the estate. Form NC 2. ?YHD!7* UkhTKZc77FS,Th-b'&mLZ0mq7}z@q|BcP=O#Uq3?(siNB}:)A1k BNz&$PY&xmJO2$U0!y@M2A 2WxXJ/?cb@#4pc'HC76b9JC:xu:5i N}(&!u7>|;\Rjm0gbex5Zkw'@k4y56?oNa^t>KfoBtx-6#uQE"Kz In basic, simple estates, the process to receive a Grant Of Probate takes three to four months. When a person dies without a will (intestate). Q?{Ga?#4vD'2jJi8ka)p"-z^wb"ft(BMbiN;Z*m&`\2ObShZ/CTLb}](%>n`3Wfb"V vX\(R ])qN^NL 51 &;|R8~n. 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. You may wish to contact a lawyer to provide Contact information for executor and lawyer. WebThe probate process in Alberta can be complicated and can take months or even years to complete. This article provides a brief overview of the important changes. In addition, we advise you if using a Limited Grants of Probate best benefits the estate or not. We meet with you at no charge to determine if the estate you seek to manage actually requires probating. The package also includes a link to all applicable court forms required for your application. When people refer to probate or probating a will, they are likely referring to obtaining a grant of probate. 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 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. EDITORS NOTE Read CPLEAs Getting a Grant of Probate and Administration in Alberta booklet to learn more about the process for getting a grant. %PDF-1.6 % Read more about when Probate is necessary in Alberta here. Nevertheless, many commonly held beliefs about probate are half-truths or even untrue altogether. Shelly Chamaschuk is a partner at Reynolds Mirth Richards & Farmer LLP in Edmonton, Alberta. hbbd``b`jASUbiXA@&Fu@#n?_ The Government of Alberta sets out the forms and steps needed for these applications in the Surrogate Rules. In addition, it protects the person managing the estate from personal liability. Not every form must be used in every case. 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. Whats the Difference Between Civil, Family & Criminal Law? This information is gathered in more detail in Form GA2 Inventory. If you need assistance with administering an estate, please contact a lawyer. A persons personal residence is the asset that most frequently benefits from Limited Grants of Probate. The probate process is not nearly as time-consuming or cost-involved as people often assume. 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. Finally, we manage the application process for you. A personal representative who chooses to administer an estate must satisfy the debts and obligations of the estate if the estate has funds to do so. Grant of Probate Forms If there is no dispute over the will, the personal representative must file a number of non-contentious (NC) documents. You will NOT receive a reply on your feedback. Do NOT include personal information. Jiz39=uC2! qapg[NmJ3VmQ*7NBD`g,H:]B\yqtXNnf @FOu&^;90=+ qufJfEZe{Oe6Ys "N]aL)uGYa Xjd'| The Public Trustee will review the submitted documents and respond to the personal representative. The Public Trustee cannot provide assistance with applications for a grant. The Public Trustee is not able to confirm who is administering the estate, unless the Public Trustee is administering the estate. In situations where the sale of the estates real property already occurred, a limited grant application helps! h;@{= N,QQe.M043M&t NyFJ.D& CmR&z~GG_,"t>(~K9nEII d@iB` a|O\-x (^v1 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. It also confirms the validity and legitimacy of the deceaseds Last Will. Download forms for applying to the Court of Kings Bench dealing with non-contentious surrogate matters. If worried, please call for direction. The following people must receive this form: The applicant must provide notice of the application to the Public Trustee in certain circumstances. The new GA Forms came into effect on June 15, 2022 for all grant applications in Alberta. Because the testator (the person who created the will) appoints the personal representative in the will, the personal representative does not have to wait to receive the grant before beginning to manage the estate. Effective June 15, 2022, the Court no longer accepts grant applications submitted using the NC forms. Suite 625 - Southcentre Executive Tower, 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] However, of those 49 forms, there 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. 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. This inquiry call to us is free of charge. 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. We respect that the loss of a loved one is hard on everyone. Fees may change without notice. endstream endobj startxref WebTitle: GA3 Notice to Beneficiaries and Other Interested Parties Author: 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 applying to the Court for a grant of probate or administration and to inform them of their 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. Before June 15, 2022, the applicant only had to report assets the deceased owned that were located within Alberta. If you need to reach us please call 780-451-8764 (you will have to leave a message) or email. Its sensible for you to reach out to us or another Calgary probate lawyer, even if your loved one passed away out-of-province. 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