* It is easier for an executor to sell a home right away and not wait months for the grant of probate. Estate lawyers work with probate documents regularly and are able to ensure the application proceeds smoothly. However, the exception to this rule involves situations where these assets ownership is held jointly. All applications must be submitted using the GA forms. 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. 0 It does not contain the original or a copy of an international will. This Weeks Wacky Wednesday: The Hawaiian Rolls That Werent, This Weeks Wacky Wednesday: Living the High Life at a Closed Restaurant. This allows people to sell a home quickly, learn more about the risk of joint tenancy here. 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. Applying for a Grant of Probate can only be done if a personal representative has been named in a will. If you do not have a lawyer, contact the Law Society of Albertas Lawyer Referral Service. 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, The following people must receive this form: The applicant must provide notice of the application to the Public Trustee in certain circumstances. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. Because of this, PA1P is also called the grant of probate form. The ownership and transfer of a deceaseds jointly-owned assets are governed by rules that have evolved over time through the courts (common law). A probate lawyer often helps ensure that this process moves smoother and quicker than when people attempt this process themselves. There is now one consolidated notice form for all beneficiaries and other interested parties. endstream endobj 3059 0 obj <>stream When you send form PA1P to HMCTS, you will need to include: The original will (and codicils, if any). At times this happens under the direction of the courts. It also confirms the validity and legitimacy of the deceaseds Last Will. In basic, simple estates, the process to receive a Grant Of Probate takes three to four months. Of course, people must prioritize attending to and protecting the estates assets. As such, the Estate Planning Lawyers at West Legal dont believe in avoiding probate at all costs. 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 Government of Alberta sets out the forms and steps needed for these applications in the Surrogate Rules. lx\#l[4IrP3S7jlV("SBl&)xN7BmwdMi#^bh^&E4e2jiU !t{Cw& 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. Legal Resource Centre of Alberta All fields are required unless otherwise indicated. When people refer to probate or probating a will, they are likely referring to obtaining a grant of probate. COVID-19: Can Employers legally require their employees to be vaccinated? endstream endobj 28 0 obj <>>>/Filter/Standard/Length 128/O(OFxh]/w`Q],j)/P -20/R 4/StmF/StdCF/StrF/StdCF/U(o|&=}D )/V 4>> endobj 29 0 obj <>>>/Metadata 10 0 R/Names 38 0 R/NeedsRendering true/Pages 25 0 R/Type/Catalog/ViewerPreferences<>>> endobj 30 0 obj <>stream Have your lawyer submit the application to the court. Suite 625 - Southcentre Executive Tower, This is a new form and requirement. D3mbi*. Letters of Administration issue. Lastly, if you want more information you can watch and learn from, click here to watch our video on probate and probate lawyers. Before June 15, 2022, the applicant only had to report assets the deceased owned that were located within Alberta. The personal representative or executor of the estate should advise the funeral home that the deceased is unlikely to have sufficient funds to pay for the funeral. When a personwrites theirwill, they usually choose someone to be their personal representative the executor. This allows people to sell a home quickly. The OPGT charges fees to help offset the cost of settling an estate. All fields are required unless otherwise indicated. In situations where the sale of the estates real property already occurred, a limited grant application helps! Priority, according to the Surrogate Rules, is to the family of the deceased in the following order: In Alberta, the Grant of Administration cannot be given to more than three people at once, except by court order. The old NC forms had different notices for different beneficiaries. A person entitled to a Grant of Administration may nominate someone else to be the administrator. 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). WebGUIDE TO DRAFTING AN APPLICATION FOR PROBATE FORMS WHICH ARE REQUIRED IN AN APPLICATION An application for a grant of probate must include the following forms: . a43Y+ eRa .?x8!'0mt }cGQ]\? Top 10 Reasons to Get a Severance Package Reviewed by an Employment Lawyer. Not every form must be used in every case. Please contact a lawyer for assistance. You can also order the forms from the Alberta Queens Printer (or call 780-427-4952). 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. 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. wills@west-legal.ca or 403-723-0175 to get started. If there is no will or if the executor does not act, someone else, such as a family member, may go to court for authorization to settle the estate by requesting a grant of administration. The information in this article was correct at time of publishing. Contact information for executor and lawyer. For example, assets that a quick probate order assists with include: The process for Limited Grants of Probate closely resembles the actual probate process. Acceptable documents proving death are a Death Certificate or Funeral Directors Statement of Death. This can be cheaper than paying a probate practitioner (such as a solicitor) to apply for you. @$ ( MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. See Probate Forms for details. Contact us today to schedule an appointment. Probate is granted only after the courts receive all of the information necessary to declare that the will is valid. 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. 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. Affidavit by the executor. If you need to reach us please call 780-451-8764 (you will have to leave a message) or email. We typically address the topic of probate during our estate planning consultations. The package also includes a link to all applicable court forms required for your application. This inquiry call to us is free of charge. Form PA11: Apply for power of attorney (will) 17 May 2022 Form Form PA12: Apply for power 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. 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 A grant of probate is a document signed by a Justice of the Court of Queens Bench of Alberta, that confirms the validity of a deceaseds last Will and affirms the Executors authority to distribute the deceaseds assets pursuant to that Will. hbbd``b`jASUbiXA@&Fu@#n?_ 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. The Court uses the net value of the estate to calculate the court fees charged for processing and issuing the grant. Often, the savings in maintaining the assets, paying a mortgage, utilities and insurance, more than offset this cost. 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 Open the PDF form with Adobe Reader. It is reasonable to request to see the document before you share information about the estate with them. Risks exist to avoiding probate this way (learn more about the risk of joint tenancy here), so we recommend legal advice and using caution if contemplating this step. The Centre for Public Legal Education respectfully acknowledges that we are located on Treaty 4, 6, 7, 8 and 10 territories, the traditional lands of First Nations, Mtis, and Inuit. Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. The forms required for a Grant of Administration when there is no Will are slightly different. 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. 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. Read more about when Probate is necessary in Alberta here. The Public Trustee cannot provide assistance with applications for a grant. 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 The process takes time, money and energy. 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 Alberta probate forms, required by the Surrogate Rules, to apply for a Grant of Probate are: The Alberta probate forms are also required to apply for a Grant of Administration, if a will exists. The forms required for a Grant of Administration when there is no will are slightly different. Do NOT include personal information. The applicant must also indicate the net value of the deceaseds estate in Alberta. Some assets frequently cause more stress and work to deal with through the estate administration process. Information provided was current as of publication date of issue . This is particularly important if the estate is contentious or complicated. The Surrogate Court is the court responsible for the probating of estates. Do NOT include personal information. LawNow is a registered trademark in Canada. If worried, please call for direction. 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. 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. 0 _[- BAG uDq?QM`fj3 The GA forms are fillable PDF forms that you can download and save. 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. You may wish to contact a lawyer if you have any questions about estate debts. You may wish to contact a lawyer to provide The executor appointed in the will cannot complete the administration of the estate and the alternate executor named in the will needs authorization to take over. h;@{= N,QQe.M043M&t NyFJ.D& CmR&z~GG_,"t>(~K9nEII d@iB` a|O\-x (^v1 If the deceased person lived in Alberta or had certain assets in Alberta, you will likely need to apply for probate in Alberta. 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. (They can benefit as beneficiaries of the will but not as executors, except for a compensation fee.). 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. The additional work to allow for a fast ability to legally sell a home or deal with other assets is under $500. 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. Whereas a Grant of Probate is issued when an We also have an Edmonton office to help people there. These fillable forms are for legal professionals and people who are representing themselves under the Surrogate Rules in the Court of King's Bench dealing with matters of: Fillable PDF forms do not open properly on some mobile devices and web browsers. You may want to contact a lawyer to discuss specific questions or receive assistance with the administration process. If it is issued from a court of a jurisdiction other than Alberta, it must be resealed by the Court of - s Bench. 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. 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. The Government of Alberta sets out the forms and steps needed Clients often have questions about the probate process, and rightfully so. 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. Save my name, email, and website in this browser for the next time I comment. If no one else can, the public trustee will consider managing an estate if the beneficiary is a minor or represented adult. 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. Limited Grant Of Probate Process. She is the firms Wills, Estates & Trusts Team Lead, helping businesses, family enterprises, and individuals meet their legal needs, now and for the future. A notarized copy or a photocopy is unacceptable. Slightly different are required unless otherwise indicated ( or call 780-427-4952 ) cost! Helps ensure that this process moves smoother and quicker than when people attempt process! Typically address the topic of probate is granted only after grant of probate alberta forms courts receive of. 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