We'll gladly discuss your case with you at your convenience. 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. Our lawyers help when you need it. Below is a list of commonly used forms. +,/vXF(f7k~{ The Government of Alberta sets out the forms and steps needed for these applications in the Surrogate Rules. If no one else can, the public trustee will consider managing an estate if the beneficiary is a minor or represented adult. Personal Representative (Executor): Should I Take the Job? The following people must receive this form: The applicant must provide notice of the application to the Public Trustee in certain circumstances. alTlI!n^.ww_j83n`!1
&Vz958)0K.PQP_Rb ^1c Fill it in and save it. A deceased persons property may fall inside the estate or outside the estate. In addition, we advise you if using a Limited Grants of Probate best benefits the estate or not. We'll gladly discuss your case with you at your convenience. Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. Legal Information for Senior AlbertansLearn how to identify, prevent, and deal with Elder Abuse. Temporary Layoffs: What Alberta Employees Need to Know, Updates to the Alberta Employment Standards Code, Holograph Wills: Creating a Will During Uncertain Times, Emergency Financial Assistance from AB Government, Duty to Accommodate: Best Practices for Employers, Best 5 Employer Options During the Coronavirus Pandemic, Alberta Court Closures: How You Might Be Affected. You may need to complete one of these forms to support your probate application. A probate lawyer often helps ensure that this process moves smoother and quicker than when people attempt this process themselves. 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. Property outside the estate transfers directly to another person without estate administration. In addition, it protects the person managing the estate from personal liability. You may wish to contact a lawyer if you have any questions about estate debts. This Weeks Wacky Wednesday: Is Happy the Elephant a Person? The Court uses the net value of the estate to calculate the court fees charged for processing and issuing the grant. Calgary,
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. Banks and other institutions sometimes require a Grant of Probate before they will release assets to a personal representative. 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. The funeral home will submit the application to the Alberta government. This Weeks Wacky Wednesday: The Hawaiian Rolls That Werent, This Weeks Wacky Wednesday: Living the High Life at a Closed Restaurant. Landlords may wish to contact a lawyer to discuss their responsibilities when dealing with the property of a deceased tenant if no one steps forward to administer their estate. click here to watch our video on probate and probate lawyers. This allows people to sell a home quickly, learn more about the risk of joint tenancy here. In situations where the sale of the estates real property already occurred, a limited grant application helps! It does not contain the original or a copy of an international will. Do NOT include personal information. With some assets, selling the asset quickly is in the best interest of the estate. Contact a lawyer if you need assistance determining whether you should administer an estate. What we do believe in, is careful and creative planning so that your estate can avoid probate in circumstances where the downsides to avoiding probate are limited. 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. We refer to this court order as a Grant Of Probate. Before June 15, 2022, the applicant only had to report assets the deceased owned that were located within Alberta. 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. Legislationabout estates, wills and funerals: The Public Trustee as the Representative of a Deceased Persons Estate. For example, a house requires monthly expenses, proper ongoing attention, repairs, maintenance, etc. pleting the Specialized Forms for an 6 Com Application for Probate 57 1.orm NC 6.1 Acknowledgment of Trustees F 57 2. Nevertheless, many commonly held beliefs about probate are half-truths or even untrue altogether. It is reasonable to request to see the document before you share information about the estate with them. 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. MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. Save my name, email, and website in this browser for the next time I comment. All applications must be submitted using the GA forms. See Probate Forms for details. The net value of the estate within Alberta is calculated by adding the deceaseds total assets within Alberta and the jointly owned assets that form part of the deceaseds estate within Alberta, and then subtracting the deceaseds total liabilities. This occurs most frequently but is not limited to estates involving real estate, investments or corporations. The GA forms are fillable PDF forms that you can download and save. The applicant must list the jointly owned assets to the best of their ability using the information available to them. THE CENTRE FOR PUBLIC LEGAL EDUCATION ALBERTA DOES NOT REPRESENT CLIENTS OR PROVIDE LEGAL ADVICE. Tally the assets within and outside Alberta separately. At West Legal, we take a People First approach. We meet with you at no charge to determine if the estate you seek to manage actually requires probating. The Public Trustee cannot provide assistance with applications for a grant. The old NC forms had different notices for different beneficiaries. COVID-19: Can Employers legally require their employees to be vaccinated? We often receive calls from individuals who live in Calgary and have been appointed as the Executor of a parents Estate. 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. 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
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