The old NC forms had different notices for different beneficiaries. wills@west-legal.ca or 403-723-0175 to get started. The following people must receive this form: The applicant must provide notice of the application to the Public Trustee in certain circumstances. 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. Finally, we manage the application process for you. 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. Top 10 Reasons to Get a Severance Package Reviewed by an Employment Lawyer. First probate forms must be completed, then the appropriate application is made: If there is a valid will the executor will apply for a Grant of Probate. While a grant of probate is often required to administer a deceaseds estate, it is not always necessary. Limited Grants of Probate help ensure this process moves quickly to allow you to move forward with the estate more quickly and easily. We'll gladly discuss your case with you at your convenience. 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. Further information on this service and locations can be found on the Court and Justice Services (CJS)website. 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. Under the new Surrogate Rules, the applicant must first file Form GA1 Application with the Court and then serve a Form GA3 Notice on all interested parties. Ideally, we help relieve you of some of the legal and logistical parts of managing that loved ones estate. Typically, a grant of probate is obtained for estates where a valid will exists that appoints a willing and able personal representative. You will NOT receive a reply on your feedback. Forms to apply for a grant of probate can be found online or you may wish to have a lawyer assist you. Letters of Administration issue. Whats the Difference Between Civil, Family & Criminal Law? Simple estates, estates with minimal assets and estates where all assets are held with a surviving spouse in joint names may not require probate. Where no will exists, or there is a will but the appointed personal representative is deceased, unable or unwilling to act, a person wishing to administer the estate may apply for a grant of administration. acknowledging they must carry out the core tasks of a personal representative, which are: identifying the estate assets and liabilities, satisfying the debts and obligations of the estate, distributing and accounting for the administration of the estate, in agreement with the deceaseds intentions as set out in the will/codicil (if there is one), with the care, diligence, and skill that a person of ordinary prudence would exercise in comparable circumstances where a fiduciary relationship exists, give proper notice of the application to those entitled to receive notice and serve the Form GA2 Inventory on those entitled to receive it, if the value of any asset or debt is to be determined, serve an amended Form GA2 Inventory on those persons entitled to receive one when updated information is available, acknowledge they must distribute the estate as soon as practicable, acknowledge they will get a signed Form GA20 from any trustee before distributing property to that trustee, undertake to notify all beneficiaries and persons with potential claims against the estate who were identified in the application by providing them with notice when the Court issues the grant, agree to faithfully administer the deceaseds estate according to law and give a true accounting of their administration to the persons entitled to it when lawfully required, the deceaseds assets located within Alberta as well as those assets located outside Alberta, and. This review may take a week or more so the personal representative should ensure that the documents are submitted well in advance of any closing date. 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. Due to the technical nature of the process, many people opt to have a lawyer complete the process for them. 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 Court uses the net value of the estate to calculate the court fees charged for processing and issuing the grant. We respect that the loss of a loved one is hard on everyone. Form NC 2. How Criminal Charges Affect Child Custody in Alberta, Alberta COVID-19 Vaccinations & the Workplace. Administering an estate is a legal matter. In this part, the applicant sets out information about the will and any codicils. These include homes, land, bank accounts with large balances, some corporate assets, some stock or investment accounts,etc. Learn more below or call the probate lawyers at Kahane Law Office. The Public Trustee will review the submitted documents and respond to the personal representative. The Public Trustee does not get involved in private disputes regarding estate administration. 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. 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. Because of this, PA1P is also called the grant of probate form. 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. Many Executors wonder whether they can avoid hiring a lawyer by applying for the necessary Grant themselves. the estate is solvent there are more assets than debts, no other person with a prior right to administer the estate is able and willing to administer the estate, a represented adult client of the Public Trustee, deal with urgent issues first, like the care of pets or livestock, make burial arrangements if they have not already been made, locate and take control of the persons assets, like bank accounts and property, keep sentimental items, like photographs, war medals and diplomas, for the family, whenever possible, pay debts, including funeral costs and file income tax returns, you are entitled to receive money or other assets froman estate administered by the Public Trustee, provide us with the file number, if you have it. If someone claims to be administering the estate, they will have documentation verifying thisusually a grant or will. For example, assets that a quick probate order assists with include: The process for Limited Grants of Probate closely resembles the actual probate process. If no one else can, the public trustee will consider managing an estate if the beneficiary is a minor or represented adult. To administer the estate, the main tasks of a personal representative are to: Additional information can be found in the Estate Administration Act. THE CENTRE FOR PUBLIC LEGAL EDUCATION ALBERTA DOES NOT REPRESENT CLIENTS OR PROVIDE LEGAL ADVICE. The Public Trustee cannot provide assistance with applications for a grant. You will NOT receive a reply on your feedback. 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. The process for Limited Grants of Probate closely resembles the actual probate process. hkK0JKrzY"8uDFVk7'rd4. The probate process requires extensive paperwork which is often confusing. Affidavit by the executor. You may need to complete one of these forms to support your probate application. In this situation, the court issue a Grant of Administration with Will Annexed, appointing a personal representative to administer the estate. When you send form PA1P to HMCTS, you will need to include: The original will (and codicils, if any). 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. Unless extreme time sensitivity exists, a few days or weeks often cause no problematic issues for the estate. 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. The Government of Alberta sets out the forms and steps needed Review and sign the probate application. Self-represented applicants are not required to use this form. The personal representative must provide the following to the OPGT office: The Public Trustee will review the submitted documents and respond to the court. Tally the assets within and outside Alberta separately. The Public Trustee will not act to clear a deceased persons property unless the Public Trustee is administering the estate. However, there are circumstances where probate will almost always be required. Form PA11: Apply for power of attorney (will) 17 May 2022 Form Form PA12: Apply for power 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 order of service and filing has changed to bring the surrogate process in line with all other court filing processes. Unfortunately, those needing to deal with probate, do so at a time when they face the emotional challenges of losing someone they cared about. WebThe probate process in Alberta can be complicated and can take months or even years to complete. Our office is closed to the public until further notice as a result of the Covid-19 pandemic. A request for a grant of probate is used to ask the court to confirm that the person named in the will has the authority to administer the estate. 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. The executor or administrator of the estate then begins managing and distributing the assets. 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. In the Calgary area, please call us at 403-225-8810. Essentially, the order is used for the preservation or property or converting property into another form (for example, money) which is more easily managed. #1200, 10201 Southport Rd SW 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. 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). When a personwrites theirwill, they usually choose someone to be their personal representative the executor. This form is a compilation of the information found in a number of NC forms. Acceptable documents proving death are a Death Certificate or Funeral Directors Statement of Death. A request for a grant of probate is used to ask the court to confirm that the person named in the will has the authority to administer the estate. 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 pleting the Specialized Forms for an 6 Com Application for Probate 57 1.orm NC 6.1 Acknowledgment of Trustees F 57 2. It does not contain the original or a copy of an international will. This can be cheaper than paying a probate practitioner (such as a solicitor) to apply for you. 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. 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. Without a complete picture of the estate in question, its impossible to provide a definitive answer as to whether probate will be required. All fields are required unless otherwise indicated. Anything that deals with time sensitive assets, assets that rapidly depreciate or require a lot of work or money to maintain and more. You can also order the forms from the Alberta Queens Printer (or call 780-427-4952). If you live in the Edmonton area please reach us directly at (780) 571-8463. In general, you must apply for probate if the estate includes real estate and/or large bank accounts not held in joint interest, but there are many other situations in which a Grant of Probate document may be required. hbbd``b`jASUbiXA@&Fu@#n?_ Download forms for applying to the Court of Kings Bench dealing with non-contentious surrogate matters. We also have an Edmonton office to help people there. hVYoF+h#p>$1r%@KkE Whereas a Grant of Probate is issued when an executor/executrix is appointed in a will, a Grant of Administration is issued: (Note: the term personal representative is the current legal term used to refer to an executor/executrix, administrator/administratix, and judicial trustee.). Before June 15, 2022, the applicant only had to report assets the deceased owned that were located within Alberta. The Public Trustee will only consider administering an estate if a minor, or a Represented Adult client of the Public Trustee, is a beneficiary of the estate, the estate is solvent (more assets than debts), and no other party is administering. The grant allows the personal representative to legally fulfill their duties as the administrator of the estate. Of course, the personal representative must always act in the best interests of the estate and its beneficiaries as executors are not allowed to benefit from the estate. This information is gathered in more detail in Form GA2 Inventory. EDITORS NOTE Read CPLEAs Getting a Grant of Probate and Administration in Alberta booklet to learn more about the process for getting a grant. The Government of Alberta sets out the forms and steps needed for these applications in the Surrogate Rules. Once you retain a lawyer for probate, most of the work for the Limited Grant of Probate is included in that cost. 3058 0 obj <>stream The registry contains information about who to contact regarding locating the will. * These include when there is a minor child interested in the estate, a missing beneficiary, or the Public Trustee is the trustee for a beneficiary of the estate. Banks and other institutions sometimes require a Grant of Probate before they will release assets to a personal representative. @$ ( Legal Information for Senior AlbertansLearn how to identify, prevent, and deal with Elder Abuse. Form GA1 Grant Application Form GA2 Inventory Form GA3 Notice to Beneficiaries and Other Interested Parties Form GA4 Notice to Public Trustee (if there are The applicant must list the jointly owned assets to the best of their ability using the information available to them. Of course, people must prioritize attending to and protecting the estates assets. The Public Trustee will consider getting involved only if: The Public Trustee does not become involved in family disputes or provide legal advice. Call 403-225-8810 today. Contact us today to schedule an appointment. This Weeks Wacky Wednesday: The Hawaiian Rolls That Werent, This Weeks Wacky Wednesday: Living the High Life at a Closed Restaurant. 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. If your estate is non-contentious no one is challenging it the forms are available online.
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