The package also includes a link to all applicable court forms required for your application. This can be cheaper than paying a probate practitioner (such as a solicitor) to apply for you. 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. We typically address the topic of probate during our estate planning consultations. 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 T2W 4X9. We also have an Edmonton office to help people there. MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. OPGT cannot provide legal advice. 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. 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. There is a will, but the appointed personal representative has died, or is otherwise unwilling or unable to take on the responsibilities. Your estate lawyer can help you determine whether a Grant of Probate in Alberta is required. If it is issued from a court of a jurisdiction other than Alberta, it must be resealed by the Court of - s Bench. You will NOT receive a reply on your feedback. Anything that deals with time sensitive assets, assets that rapidly depreciate or require a lot of work or money to maintain and more. Information provided was current as of publication date of issue . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Address After submitting this application, the lawyer then continues with the final order. hbbd``b`jASUbiXA@&Fu@#n?_ 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. Typically, a grant of probate is obtained for estates where a valid will exists that appoints a willing and able personal representative. It is easier for an executor to sell a home right away and not wait months for the grant of probate. This is particularly important if the estate is contentious or complicated. |`e. Legal Resource Centre of Alberta Do NOT include personal information. Our lawyers help when you need it. If the Public Trustee administersan estate, the Public Trustee will: Contact the OPGT immediately if you think: If there is money in an estate administered by the Public Trustee, and the beneficiaries cannot be found, the funds will eventually go to Albertas provincial treasurer. This means the Court clerks do not review the Inventory. with a trusted third party, such as a lawyer, the will belongs to a Public Trustee client, or, the will names the Public Trustee as personal representative, identify the estate assets and liabilities, satisfy the debts and obligations of the estate, and, distribute and account for the administration of the estate, the deceased chose a specific person to be the beneficiary on specific property, such as a beneficiary designation on an investment, the deceased owned property jointly with someone and the property automatically falls to the surviving owner. +,/vXF(f7k~{ The probate process is not nearly as time-consuming or cost-involved as people often assume. Contact us today to schedule an appointment. Two examples of when property may fall outside the estate are: Property inside the estate is the opposite and the estate may require administration. h;@{= N,QQe.M043M&t NyFJ.D& CmR&z~GG_,"t>(~K9nEII d@iB` a|O\-x (^v1 Read more about when Probate is necessary in Alberta here. 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. Executor of a Will: What Do You Need to Know? 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. The package would be suitable for citizens who wish to file these applications themselves when an application is not complex in nature. A probate lawyer often helps ensure that this process moves smoother and quicker than when people attempt this process themselves. You must serve the trustee, not the represented adult. 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. The information collected here is about the applicants and their right and priority to apply for the grant. Of course, people must prioritize attending to and protecting the estates assets. If your estate is non-contentious no one is challenging it the forms are available online. 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. 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. All fields are required unless otherwise indicated. Government of Alberta Subject: Members of the public, or their lawyers complete and submit this form to the Court of King's Bench in estate matters when they need a grant of probate, Before June 15, 2022, the applicant only had to report assets the deceased owned that were located within Alberta. You may find yourself unsure of which grant to apply for or whether you need to apply at all and an estates lawyer will guide you towards the best option. The applicant must list the jointly owned assets to the best of their ability using the information available to them. Fees may change without notice. We'll gladly discuss your case with you at your convenience. LnRiLWZpZWxke21hcmdpbi1ib3R0b206MC43NmVtfS50Yi1maWVsZC0tbGVmdHt0ZXh0LWFsaWduOmxlZnR9LnRiLWZpZWxkLS1jZW50ZXJ7dGV4dC1hbGlnbjpjZW50ZXJ9LnRiLWZpZWxkLS1yaWdodHt0ZXh0LWFsaWduOnJpZ2h0fS50Yi1maWVsZF9fc2t5cGVfcHJldmlld3twYWRkaW5nOjEwcHggMjBweDtib3JkZXItcmFkaXVzOjNweDtjb2xvcjojZmZmO2JhY2tncm91bmQ6IzAwYWZlZTtkaXNwbGF5OmlubGluZS1ibG9ja311bC5nbGlkZV9fc2xpZGVze21hcmdpbjowfQ==, ICAgQG1lZGlhIG9ubHkgc2NyZWVuIGFuZCAobWF4LXdpZHRoOiA3ODFweCkgeyAgICAgfSBAbWVkaWEgb25seSBzY3JlZW4gYW5kIChtYXgtd2lkdGg6IDU5OXB4KSB7ICAgICB9IA==. When a person dies without a will (intestate). The fees for a Grant of Administration are the same as the fees for a Grant of Probate. The personal representative must provide the following to the OPGT office: The Public Trustee will review the submitted documents and respond to the court. While a grant of probate is often required to administer a deceaseds estate, it is not always necessary. You can find the GA forms on the Alberta Queens Printer website (for purchase) and the Government of Alberta website (for free). 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. MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. We let you know if you need probate, at no cost. " ):;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 If no one else is administering the estate, creditors can also choose to apply to administer the estate themselves in order to collect on the debt. 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). Not all estates are administered. You will NOT receive a reply on your feedback. How Criminal Charges Affect Child Custody in Alberta, Alberta COVID-19 Vaccinations & the Workplace. %PDF-1.7 % Please note that no specific time frame exists for this process to start. h240Q0P040U02T+-( 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. For example, assets that a quick probate order assists with include: The process for Limited Grants of Probate closely resembles the actual probate process. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). Review and sign the probate application. 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. The Centre for Public Legal Education respectfully acknowledges that we are located across Treaty 4, 6, 7, 8 and 10 territories, and respects the histories, languages, and cultures of First Nations, Mtis, Inuit, and all First Peoples of Canada, whose presence continues to enrich our vibrant community. WebThere have also been some changes to the probate forms, such as form P10. 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] Form PA11: Apply for power of attorney (will) 17 May 2022 Form Form PA12: Apply for power If you require specific legal advice on any issue please consult a lawyer. 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. Whats the Difference Between Civil, Family & Criminal Law? Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. Getting a Grant of Probate or Administration - CPLEA.CA Getting a Grant of Probate or Administration Getting a Grant of Probate or Administration Booklet with detailed There are no surviving joint owners on the property. Form NC 2. Until the court issues this order, no person has the legal right to make decisions for the estate. All applications must be submitted using the GA forms. If no one is willing to assume the responsibility, the court will issue a Grant of Administration with Will Annexed, appointing a personal representative to administer the estate. 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. 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. WebApply for probate. 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 forms used before June 15th were called NC (Non-contentious) forms. The views expressed in this article are those of the author and do not necessarily reflect the views of LawNow or the Centre for Public Legal Education Alberta. 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