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. 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. 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. 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. In addition, we advise you if using a Limited Grants of Probate best benefits the estate or not. Contact us today to schedule an appointment. Most applicants will have to prepare and submit to the Court the following GA forms to get a grant: Below is a more detailed description of these forms. The additional work to allow for a fast ability to legally sell a home or deal with other assets is under $500. The fees for a Grant of Administration are the same as the fees for a Grant of Probate. The process takes time, money and energy. 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. 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. To administer the estate, the main tasks of a personal representative are to: Additional information can be found in the Estate Administration Act. You may wish to contact a lawyer to provide The package would be suitable for citizens who wish to file these applications themselves when an application is not complex in nature. Whats the Difference Between Civil, Family & Criminal Law? Forms may be found on the Government of 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. 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. The Public Trustee cannot provide assistance with applications for a grant. 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. Below is a list of the forms, required under the Surrogate Rules in Alberta, to be submitted with a Grant of Probate Application: NC 1: Executor and probate lawyer contact information; NC 2: Executors affidavit; Schedule 1 in NC3: Information pertaining to the deceased and the deceaseds family; The executor or administrator of the estate then begins managing and distributing the assets. Review and sign the probate application. For example, assets that a quick probate order assists with include: The process for Limited Grants of Probate closely resembles the actual probate process. The GA forms are fillable PDF forms that you can download and save. Then the appropriate With offices in Calgary and Edmonton, we help you at at time when emotions and stress make things harder. 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. We let you know if you need probate, at no cost. In an effort to modernize and simplify the process for getting a grant, Alberta amended these Surrogate Rules and simplified the forms. The term Limited: refers to the fact that the order is limited to specific assets. Tally the assets within and outside Alberta separately. +,/vXF(f7k~{ This gives a legal right to a person to make those decisions. endstream
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ALBERTA 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 With some assets, selling the asset quickly is in the best interest of the estate. The Court will not issue a grant until it has received a filed Form GA5 Affidavit of Service for each interested party. The term probate has little meaning for people until they manage the estate of a loved one. When there is no evidence of a will, and a person or persons wish to take on the responsibilities of administering the estate, they must first conduct a thorough search to ensure that is the case and, if so, they can apply for a Grant of Administration. However, of those 49 forms, there Not all estates are administered. 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. This part lists the names, mailing addresses and email addresses of the beneficiaries of the estate, along with a description of the gift each beneficiary is to receive. 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. 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: . ptD.{\T*"^m0:"lEZf+q) %"{\w>>UP5M[U/>DpdRf_64a$)[S?a'-"oy^c/EpHH[PJ(aoOkE,%oy#7-MA
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Under the new Surrogate Rules, the applicant must first file Form GA1 Application with the Court and then serve a Form GA3 Notice on all interested parties. 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. The Court uses the net value of the estate to calculate the court fees charged for processing and issuing the grant. This article provides a brief overview of the important changes. 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. If you need assistance with administering an estate, please contact a lawyer. One of the important oversight roles of the Court is to ensure all persons entitled to receive notice of the application have been served with notice. For example, the benefits of adding an adult child to the title of your home in hopes of avoiding probate may be outweighed by the risk of claims against your property from a divorce or lawsuit against your adult child. The estate lawyers at West Legal will provide you with an honest assessment of whether or not its best to take steps to avoid probate and the associated risks and expenses of doing the same. 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. We'll gladly discuss your case with you at your convenience. To get answers to questions, use Alberta Connects. For example, a house requires monthly expenses, proper ongoing attention, repairs, maintenance, etc. The applicant may have authority as stated in the will, or, if there is no will, as set out in the Estate Administration Act. To get answers to questions, use Alberta Connects. A person entitled to a Grant of Administration may nominate someone else to be the administrator. 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. Limited Grants of Probate help ensure this process moves quickly to allow you to move forward with the estate more quickly and easily. Of course, people must prioritize attending to and protecting the estates assets. Further information on this service and locations can be found on the Court and Justice Services (CJS) website. 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. We understand that there is more to you than the legal inquiry that brought you in. hL 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. Calgary,
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. We meet with you at no charge to determine if the estate you seek to manage actually requires probating. This occurs most frequently but is not limited to estates involving real estate, investments or corporations. WebThere have also been some changes to the probate forms, such as form P10. Read more about when Probate is necessary in Alberta here. We often receive calls from individuals who live in Calgary and have been appointed as the Executor of a parents Estate. Essentially, the order is used for the preservation or property or converting property into another form (for example, money) which is more easily managed. Save the PDF form to your computer click or right-click the link and download the form. The grant allows the personal representative to legally fulfill their duties as the administrator of the estate. Important To Note: Since the use of Limited Grants, the risky practice of trying to avoid probate is less useful. Another important change is that Form GA2 Inventory is no longer part of the primary application (Form GA1). Suite 625 - Southcentre Executive Tower, Further information on this service and locations can be found on the Court and Justice Services (CJS)website. any assets the deceased owned jointly with other persons who are not the deceaseds spouse or adult interdependent partner. This means the Court clerks do not review the Inventory. Your estate lawyer can help you determine whether a Grant of Probate in Alberta is required. hbbd``b`jASUbiXA@&Fu@#n?_
show us vital statistic documents to confirm kinship, such as your birth or baptismal certificate,that has your: give us your social insurance number for tax purposes, be patient; it takes time to properly administer an estate. You may want to discuss these questions with a lawyer. 36 0 obj
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&Vz958)0K.PQP_Rb ^1c 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 Limited Grant Of Probate Process. When you send form PA1P to HMCTS, you will need to include: The original will (and codicils, if any). You can find the GA forms on the Alberta Queens Printer website (for purchase) and the Government of Alberta website (for free). " ):;JUqpA=15$y@DQ),}{?+8gE,oI\/TE86:HDf=\/DbE(4RMmQWlX,_El=T36)=yQMvM %,Vd342&FWnyNss{%Ch]`UU`d^&m;z
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