The Surrogate Court is the court responsible for the probating of estates. The package also includes a link to all applicable court forms required for your application. Please contact a lawyer for assistance. Limited Grants of Probate allow for a faster process to sell these assets. 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 beneficiaries are found later, they can still get their money. 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 new GA forms are intended to create a more streamlined and efficient process for processing grant applications in Alberta. Acceptable documents proving death are a Death Certificate or Funeral Directors Statement 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. Members of the Law Society filing grant applications other endstream endobj 32 0 obj <>stream Read more about when Probate is necessary in Alberta here. Top 10 Reasons to Get a Severance Package Reviewed by an Employment Lawyer. You may wish to contact a lawyer to provide [F'SP))xxIm-Ng*wj)9L!wpkw#&p|[[||S{@p~: 0 %PDF-1.6 % endstream endobj 33 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 34 0 obj <>stream In the case of a bankrupt estate, the court may appoint a creditor of the estate. endstream endobj 3062 0 obj <>stream The funeral home will submit the application to the Alberta government. 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. Filed Under: Estate Planning Tagged With: estate, grant of administration, grant of probate, surrogate court, surrogate 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. With offices in Calgary and Edmonton, we help you at at time when emotions and stress make things harder. 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. This occurs most frequently but is not limited to estates involving real estate, investments or corporations. 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. If youve been appointed as the Executor or Personal Representative of an Alberta Estate, you may need to apply for a Grant of Administration or a Grant of Probate. 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]. 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. Renunciation of Administration with the Will Annexed, Notice to Spouse (Matrimonial Property Act), Notice to Spouse/Adult Interdependent Partner of Deceased, Notices to Dependent Child of the Deceased. Open the PDF form with Adobe Reader. 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. See probate fees in Alberta. 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. The order of service and filing has changed to bring the surrogate process in line with all other court filing processes. WebALBERTA PROBATE FORMS The following Probate forms are required by the Alberta Surrogate Rules, to apply for a Probate Grant: These Alberta Probate forms are also required to apply for a Grant of Administration (where a Will exists). 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. 44 0 obj <>stream Get the help you need today. 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 In addition, we advise you if using a Limited Grants of Probate best benefits the estate or not. 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. 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. +,/vXF(f7k~{ 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. The applicant must include here any renunciations, nominations, bonds (for applicants residing outside of Alberta), and consents of beneficiaries to proceeding without a bond. There is a will, but the appointed personal representative has died, or is otherwise unwilling or unable to take on the responsibilities. Limited Grant Of Probate Process. Personal Representative (Executor): Should I Take the Job? When people refer to probate or probating a will, they are likely referring to obtaining a grant of probate. endstream endobj 31 0 obj <>stream Whether or not you decide to administer an estate depends on the property and debts in the estate. 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. Forms to apply for a grant of probate can be found online or you may wish to have a lawyer assist you. 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. Grant of Probate Forms If there is no dispute over the will, the personal representative must file a number of non-contentious (NC) documents. It also confirms the validity and legitimacy of the deceaseds Last Will. You can also order the forms from the Alberta Queens Printer (or call 780-427-4952). The application hkK0JKrzY"8uDFVk7'rd4. A deceased persons property may fall inside the estate or outside the estate. 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. WebCan an executor of an estate in Alberta get a grant of administration? A request for a grant of probate is used to ask the court to confirm that the person named in the will has the authority to administer the estate. Form GA1 Grant Application Form GA2 Inventory Form GA3 Notice to Beneficiaries and Other Interested Parties Form GA4 Notice to Public Trustee (if there are Simple estates, estates with minimal assets and estates where all assets are held with a surviving spouse in joint names may not require probate. 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. Not all estates are administered. We'll gladly discuss your case with you at your convenience. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). It is easier for an executor to sell a home right away and not wait months for the grant of probate. 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 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. EDITORS NOTE Read CPLEAs Getting a Grant of Probate and Administration in Alberta booklet to learn more about the process for getting a grant. Contact information for executor and lawyer. It has five parts: The applicant must provide the full legal name (and other names known by), date of birth and date of death, and last address of the deceased. Affidavit by the executor. Information provided was current as of publication date of issue . Limited Grants of Probate help ensure this process moves quickly to allow you to move forward with the estate more quickly and easily. The grant provides official confirmation of a personal representative, protecting these kinds of third-party organizations. %PDF-1.7 % MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. The Government of Alberta sets out the forms and steps needed We also have an Edmonton office to help people there. Please note that no specific time frame exists for this process to start. Legal Resource Centre of Alberta This is a new form and requirement. The probate process is not nearly as time-consuming or cost-involved as people often assume.
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