Limited Grant Of Probate Process. WebAlways ensure that, if you live in Alberta, that you understand the process here. These applications often allow people to legally sell or manage estate assets in weeks. Upon receiving the grant, the applicant must serve interested parties with a notice saying the Court has issued the grant. The new rules and forms came into effect on June 15, 2022. While technically yes, in reality not all estates require probate. The Surrogate Court is the court responsible for the probating of estates. To inquire about legal services, please complete our general intake form by clicking the button below: If your inquiry is unrelated to a legal matter, please email [emailprotected]. Banks and other institutions sometimes require a Grant of Probate before they will release assets to a personal representative. If you do not have a lawyer, contact the Law Society of Albertas Lawyer Referral Service. |`e. One of the goals of the surrogate reform project was to simplify the forms and reduce the duplication of information required under the NC forms. The Public Trustee does not get involved in private disputes regarding estate administration. However, in some cases, the Executors parent has passed away in a different province. Many Executors wonder whether they can avoid hiring a lawyer by applying for the necessary Grant themselves. The trustee is the only one who has the legal authority to: The Public Trustee must review all grant applications in Alberta where a minor is a beneficiary of an estate. 3058 0 obj <>stream 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. If someone claims to be administering the estate, they will have documentation verifying thisusually a grant or will. A notarized copy or a photocopy is unacceptable. Grant of Probate Forms If there is no dispute over the will, the personal representative must file a number of non-contentious (NC) documents. 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. a43Y+ eRa .?x8!'0mt }cGQ]\? 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 Court uses the net value of the estate to calculate the court fees charged for processing and issuing the grant. 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. See Probate Forms for details. Contact a local registry office for questions about dealing with a deceased persons vehicle. If you need to reach us please call 780-451-8764 (you will have to leave a message) or email. However, of those 49 forms, there We meet with you at no charge to determine if the estate you seek to manage actually requires probating. COVID-19: Can Employers legally require their employees to be vaccinated? Download forms for applying to the Court of Kings Bench dealing with non-contentious surrogate matters. LnRiLWZpZWxke21hcmdpbi1ib3R0b206MC43NmVtfS50Yi1maWVsZC0tbGVmdHt0ZXh0LWFsaWduOmxlZnR9LnRiLWZpZWxkLS1jZW50ZXJ7dGV4dC1hbGlnbjpjZW50ZXJ9LnRiLWZpZWxkLS1yaWdodHt0ZXh0LWFsaWduOnJpZ2h0fS50Yi1maWVsZF9fc2t5cGVfcHJldmlld3twYWRkaW5nOjEwcHggMjBweDtib3JkZXItcmFkaXVzOjNweDtjb2xvcjojZmZmO2JhY2tncm91bmQ6IzAwYWZlZTtkaXNwbGF5OmlubGluZS1ibG9ja311bC5nbGlkZV9fc2xpZGVze21hcmdpbjowfQ==, ICAgQG1lZGlhIG9ubHkgc2NyZWVuIGFuZCAobWF4LXdpZHRoOiA3ODFweCkgeyAgICAgfSBAbWVkaWEgb25seSBzY3JlZW4gYW5kIChtYXgtd2lkdGg6IDU5OXB4KSB7ICAgICB9IA==. If you do not have a lawyer, contact the Law Society of Albertas Lawyer Referral Service. Anything that deals with time sensitive assets, assets that rapidly depreciate or require a lot of work or money to maintain and more. >kp gos|Wkp0G1sv03{8c:u5zyV4?P^CDSA\}-P,`U?u4E.oGDmRTFK!hg$j;||IzIX7-7"E2JW6"Z5[C9,ILpa_+sz7%bM +{3s#.G/P)ivj}83!uwS}Gu3 ] 6 'F>;QX[ie\6W.o82k6]#^QW5[/R s,/~zf;]V +,/vXF(f7k~{ 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. If you require specific legal advice on any issue please consult a lawyer. 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. You may need to complete one of these forms to support your probate application. 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. Once you retain a lawyer for probate, most of the work for the Limited Grant of Probate is included in that cost. 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. Application by the Personal Representative(s) for a grant of: Author: Government of Alberta Subject: Identifies the type of grant applied for by the personal representative, along with other MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. In an effort to modernize and simplify the process for getting a grant, Alberta amended these Surrogate Rules and simplified the forms. 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. The ownership and transfer of a deceaseds jointly-owned assets are governed by rules that have evolved over time through the courts (common law). Contact information for executor and lawyer. pleting the Specialized Forms for an 6 Com Application for Probate 57 1.orm NC 6.1 Acknowledgment of Trustees F 57 2. 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 you have concerns about how a personal representative is administering an estate, you may want to speak with a lawyer to learn more about your rights and what you can do to ensure your interests are protected. Wait for the court to issue a Grant of Probate. You may want to contact a lawyer to discuss specific questions or receive assistance with the administration process. Getting a Grant of Probate and Administration in Alberta, Form GA3 Notice to Beneficiaries and Other Interested Parties, Form GA4 Notice to Public Trustee (if there are minors or disabled adults interested in the estate), believing the deceased made the original will/codicil submitted, not knowing of any later wills or codicils, acknowledging they have reviewed the Schedule of core tasks of a personal representative listed in the. All applications must be submitted using the GA forms. Most applicants will have to prepare and submit to the Court the following GA forms to get a grant: Below is a more detailed description of these forms. The process takes time, money and energy. There are 49 (yes, 49) different NC Forms that may comprise a Probate Application or an Application for a Grant of Administration. The term Limited: refers to the fact that the order is limited to specific assets. 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. Until the court issues this order, no person has the legal right to make decisions for the estate. 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. endstream endobj 32 0 obj <>stream The people with the right to make funeral arrangements and deal with a deceased persons remains are: The Funeral Services General Regulations provides a priority list of who has the authority to make funeral arrangements. The Government of Alberta sets out the forms and steps needed for these applications in the Surrogate Rules. ?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 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. Calgary, To get answers to questions, use Alberta Connects. The additional work to allow for a fast ability to legally sell a home or deal with other assets is under $500. You must file Surrogate Forms, publish a Notice to Claimants in a newspaper, service Notices on beneficiaries that you are seeking this appointment, and file the application with the Court of Queens Bench. There is also a new requirement that the applicant provide the Court with proof of death. 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. h;@{= N,QQe.M043M&t NyFJ.D& CmR&z~GG_,"t>(~K9nEII d@iB` a|O\-x (^v1 Our lawyers help when you need it. Effective June 15, 2022, the Court no longer accepts grant applications submitted using the NC forms. If you have any questions about how your probate application might be impacted, you can reach out to the probate registry or a lawyer. 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. 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). You may wish to contact a lawyer to provide assistance with determining if a grant is required. While you dont have to retain a lawyers services when applying for a grant of probate or a grant of administration, it is highly recommended. Self-represented applicants are not required to use this form. Below is a list of commonly used forms. Looking for articles like this one to be delivered right to your inbox? 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). 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. 0 _[- BAG uDq?QM`fj3 Probate is granted only after the courts receive all of the information necessary to declare that the will is valid. Those circumstances include estates where there is no surviving spouse as a joint tenant, where assets are in the name of the deceased only, where the estate has significant asset value, where there is no will and where the will is of dubious validity. Office of the Public Guardian and Trustee (OPGT), Making financial decisions for those who are not able to, Alternate personal decision-making options for adults, Examination and approval of trusteeship accounts. 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. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. 0 Many people keep their will in a safe place, such as: The Public Trustee may store a will for safekeeping if: If the deceased person owned property outside of Alberta and had an international will, their will may be registered with the Office of the Public Trustee. Personal Representative (Executor): Should I Take the Job? These forms are replaced by new forms called GA (Grant Application) forms. 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. We often receive calls from individuals who live in Calgary and have been appointed as the Executor of a parents Estate. Form PA11: Apply for power of attorney (will) 17 May 2022 Form Form PA12: Apply for power Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. Applying for a grant of probate is a relatively simple process. The grant allows the personal representative to legally fulfill their duties as the administrator of the 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. For example, assets that a quick probate order assists with include: The process for Limited Grants of Probate closely resembles the actual probate process. Information provided was current as of publication date of issue . any assets the deceased owned jointly with other persons who are not the deceaseds spouse or adult interdependent partner. We let you know if you need probate, at no cost. 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