EDITORS NOTE Read CPLEAs Getting a Grant of Probate and Administration in Alberta booklet to learn more about the process for getting a grant. How Criminal Charges Affect Child Custody in Alberta, Alberta COVID-19 Vaccinations & the Workplace. The Public Trustee cannot provide assistance with applications for a grant. Unless extreme time sensitivity exists, a few days or weeks often cause no problematic issues for the estate. However, of those 49 forms, there For example, a house requires monthly expenses, proper ongoing attention, repairs, maintenance, etc. Booklet with detailed legal information about the different types of grants and how to apply for them in Alberta. It also confirms the validity and legitimacy of the deceaseds Last Will. LnRiLWZpZWxke21hcmdpbi1ib3R0b206MC43NmVtfS50Yi1maWVsZC0tbGVmdHt0ZXh0LWFsaWduOmxlZnR9LnRiLWZpZWxkLS1jZW50ZXJ7dGV4dC1hbGlnbjpjZW50ZXJ9LnRiLWZpZWxkLS1yaWdodHt0ZXh0LWFsaWduOnJpZ2h0fS50Yi1maWVsZF9fc2t5cGVfcHJldmlld3twYWRkaW5nOjEwcHggMjBweDtib3JkZXItcmFkaXVzOjNweDtjb2xvcjojZmZmO2JhY2tncm91bmQ6IzAwYWZlZTtkaXNwbGF5OmlubGluZS1ibG9ja311bC5nbGlkZV9fc2xpZGVze21hcmdpbjowfQ==, ICAgQG1lZGlhIG9ubHkgc2NyZWVuIGFuZCAobWF4LXdpZHRoOiA3ODFweCkgeyAgICAgfSBAbWVkaWEgb25seSBzY3JlZW4gYW5kIChtYXgtd2lkdGg6IDU5OXB4KSB7ICAgICB9IA==. The probate process is not nearly as time-consuming or cost-involved as people often assume. Do NOT include personal information. Looking for articles like this one to be delivered right to your inbox? Learn more below or call the probate lawyers at Kahane Law Office. The Surrogate Court is the court responsible for the probating of estates. COVID-19: Can Employers legally require their employees to be vaccinated? But many applicants are not aware of these. Because of this, PA1P is also called the grant of probate form. You may want to discuss these questions with a lawyer. The information in this article was correct at time of publishing. Applying for the Grant of Probate in Alberta Once all the information has been collected, the probate forms must be completed. You will NOT receive a reply on your feedback. Do NOT include personal information. 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. This occurs most frequently but is not limited to estates involving real estate, investments or corporations. In addition, it protects the person managing the estate from personal liability. There are 49 (yes, 49) different NC Forms that may comprise a Probate Application or an Application for a Grant of Administration. 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. Executor of a Will: What Do You Need to Know? 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. 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). WebCan an executor of an estate in Alberta get a grant of administration? The Government of Alberta sets out the forms and steps needed for these applications in the Surrogate Rules. You may be required to pay a fee for this service. * 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. Applying for a grant of probate is a relatively simple process. ptD.{\T*"^m0:"lEZf+q) %"{\w>>UP5M[U/>DpdRf_64a$)[S?a'-"oy^c/EpHH[PJ(aoOkE,%oy#7-MA 7,]lk3W!vcer=71Ld= 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. A Grant of Probate is a court document, issued by the Surrogate Division of the Court of Queens Bench of Alberta, which confirms or validates the Executors authority to distribute the deceaseds Estate. The new GA Forms came into effect on June 15, 2022 for all grant applications in Alberta. Probating an estate means making an application to the Surrogate Court in Alberta. You may wish to contact a lawyer to provide assistance with determining if a grant is required. Acceptable documents proving death are a Death Certificate or Funeral Directors Statement of Death. Government of Alberta Subject Members of the public, or their lawyers complete this form to notify beneficiaries and other parties with an interest in the deceased's estate that they are You may need to complete one of these forms to support your probate application. Probate is granted only after the courts receive all of the information necessary to declare that the will is valid. The new GA forms are intended to create a more streamlined and efficient process for processing grant applications in Alberta. We meet with you at no charge to determine if the estate you seek to manage actually requires probating. @$ ( The information collected here is about the applicants and their right and priority to apply for the grant. Jiz39=uC2! qapg[NmJ3VmQ*7NBD`g,H:]B\yqtXNnf @FOu&^;90=+ qufJfEZe{Oe6Ys "N]aL)uGYa Xjd'| We refer to this court order as a Grant Of Probate. The Public Trustee does not get involved in private disputes regarding estate administration. The Government of Alberta sets out the forms and steps needed 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. While prepared to help right away, we encourage clients to focus on family and grieving first. 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. Property outside the estate transfers directly to another person without estate administration. A persons personal residence is the asset that most frequently benefits from Limited Grants of Probate. She is the firms Wills, Estates & Trusts Team Lead, helping businesses, family enterprises, and individuals meet their legal needs, now and for the future. 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 means the Court clerks do not review the Inventory. determine if the represented adult has any other claims against the estate, accept the represented adults share of the estate, a NC24.1 form (one form for each minor who is a beneficiary). At times this happens under the direction of the courts. The Court uses the net value of the estate to calculate the court fees charged for processing and issuing the grant. LawNow is a registered trademark in Canada. Legal Resource Centre of Alberta %%EOF ?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 grant allows the personal representative to legally fulfill their duties as the administrator of the estate. 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. Learn about the risks of attempting to avoid probate. Some assets frequently cause more stress and work to deal with through the estate administration process. We understand that there is more to you than the legal inquiry that brought you in. click here to watch our video on probate and probate lawyers. We'll gladly discuss your case with you at your convenience. Suite 625 - Southcentre Executive Tower, %PDF-1.7 % a43Y+ eRa .?x8!'0mt }cGQ]\? 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. This gives a legal right to a person to make those decisions. We typically address the topic of probate during our estate planning consultations. hbbd``b`jASUbiXA@&Fu@#n?_ Depending on the circumstances, jointly owned assets may form part of the deceaseds estate or may pass outside of the deceaseds estate by right of survivorship to the surviving joint owner. Contact information for executor and lawyer. It is reasonable to request to see the document before you share information about the estate with them. When a person dies without a will (intestate). The grant provides official confirmation of a personal representative, protecting these kinds of third-party organizations. You can find the GA forms on the Alberta Queens Printer website (for purchase) and the Government of Alberta website (for free). What you should know When to apply for a grant of administration When someone dies, their property must be dealt with. 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. Due to the technical nature of the process, many people opt to have a lawyer complete the process for them. You must serve the trustee, not the represented adult. Getting a Grant of Probate or Administration, Order Free Print Copies of our Legal Resources, COVID-19: Information for Alberta Landlords and Tenants, 10 Rights atWork You Probably Didn't Know You Have in Alberta, Renting 101: A Guide to Renting in Alberta, 11 Alberta Workplace Rights Most People Think They Have but Don't. A Grant of Probate must be obtained by the personal representative to prove that the will is valid in certain cases. 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: . A notarized copy or a photocopy is unacceptable. The order of service and filing has changed to bring the surrogate process in line with all other court filing processes. 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. 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. 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