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. To fill in and save the form: If you are still having problems opening the form, contact PDF form technical support. Get up-to-date on the latest news and upcoming events at CPLEA. 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. Applying for the Grant of Probate in Alberta Once all the information has been collected, the probate forms must be completed. Notably, the applicant must swear or affirm that all the information in the grant application is true to applicants best knowledge and belief, including: The applicant must also acknowledge the law requires them to perform the role of personal representative: There are two important changes to the reporting requirements for the deceaseds assets and debts. Further information on this service and locations can be found on the Court and Justice Services (CJS) website. The applicant must include here any renunciations, nominations, bonds (for applicants residing outside of Alberta), and consents of beneficiaries to proceeding without a bond. The GA forms are fillable PDF forms that you can download and save. However, the exception to this rule involves situations where these assets ownership is held jointly. Unless extreme time sensitivity exists, a few days or weeks often cause no problematic issues for the estate. We refer to this court order as a Grant Of Probate. We'll gladly discuss your case with you at your convenience. Once you retain a lawyer for probate, most of the work for the Limited Grant of Probate is included in that cost. 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. ?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 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. 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. +,/vXF(f7k~{ This allows people to sell a home quickly, learn more about the risk of joint tenancy here. We respect that the loss of a loved one is hard on everyone. WebAlways ensure that, if you live in Alberta, that you understand the process here. However, while mostly used for probating real estate, there are more assets that benefit from this type of probate application. Read more about when Probate is necessary in Alberta here. Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. This allows people to sell a home quickly. 0~XU!jn4+vLM#2nbd6[i 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. Fill it in and save it. alTlI!n^.ww_j83n`!1 &Vz958)0K.PQP_Rb ^1c In this situation, the court issue a Grant of Administration with Will Annexed, appointing a personal representative to administer the estate. The Public Trustee is not able to confirm who is administering the estate, unless the Public Trustee is administering the estate. It does not contain the original or a copy of an international will. [F'SP))xxIm-Ng*wj)9L!wpkw#&p|[[||S{@p~: 0 A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. In this part, the applicant sets out information about the will and any codicils. 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. Court and Justice Services (CJS) provides access to Court of King's Bench Surrogate forms dealing with non-contentious surrogate matters. If you need help, there are places to get support in preparing court forms by: Contains general information on the process to administer the estate of a deceased person, including information about the forms necessary to apply to the Court of Kingss Bench for a Grant of Probate or Grant of Administration. Estates with nominal assets usually do not. Forms to apply for a grant of administration can be found online or you may wish to have a lawyer assist you. Nevertheless, many commonly held beliefs about probate are half-truths or even untrue altogether. Effective June 15, 2022, the Court no longer accepts grant applications submitted using the NC forms. 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. Tally the assets within and outside Alberta separately. Banks and other institutions sometimes require a Grant of Probate before they will release assets to a personal representative. 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. Alberta Contact us today to schedule an appointment. 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 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. 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. Fees may change without notice. Certain assets in an estate always require probating. A probate lawyer often helps ensure that this process moves smoother and quicker than when people attempt this process themselves. Unfortunately, those needing to deal with probate, do so at a time when they face the emotional challenges of losing someone they cared about. 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. getting messages about updating Adobe Reader): Lemploi de la langue franaise et service d'interprte, Avis et demande daudience en franais / French Language Notice and Request, Service Outside of Canada (Includes Hague Service Convention), Adjournment Request - Family Docket Court, Service Outside of Canada (Includes Hague Convention), Guidelines for Documents filed by Email or Digital Upload, Checklist for Filing of Electronic Documents, Criminal - Justice Seized Booking Request Form, Remote Hearings Protocol & Troubleshooting, Review and Assessment Booking Request Form, eNotice of Restricted Access Applications, Notice to Media of Application for Restricting Order, Affidavit of Self-appointed Litigation Representative, Notice of Self-appointment of Litigation Representative, Originating Application - Notice of Appeal/Reference, Demand for Notice by Third Party Defendant(s), Application to Enforce Judgment Against Third Party Defendant, Reply to Defence of Third Party Defendant, Notice of Appeal of Applications Judge's Judgment or Order, Order that Evidence Be Taken Outside Alberta, Originating Application for Interpleader Order, Civil Enforcement Agency Directions to Instructing Creditor, Application for Court to Set a Trial Date, Application for an Order that a Judgment Has Been Satisfied, Notice of Appointment for Review of Retainer Agreement Lawyer's Charges, Notice of Appeal of Review Officer's Decision, Notice of Appeal of Assessment Officer's Decision, Notice of Address for Service in Foreclosure Action, Notice of Default (Residential Tenancy Act), Notice of Default (Mobile Home Sites Tenancies Act), Application for Dispute Resolution Exemption, Response to Application for Dispute Resolution Exemption, Financial Statement of Debtor (Corporate Debtor), Financial Statement of Debtor (Individual Debtor), Choose "Always Open in System Viewer" after download, Or try right-clicking on the link or download button and choosing "Save Link As" and then opening the file from your computer, Or try clicking the pdf icon in the address bar and selecting open in Adobe Viewer or. 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. 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. Looking for articles like this one to be delivered right to your inbox? hL any assets the deceased owned jointly with other persons who are not the deceaseds spouse or adult interdependent partner. endstream endobj 33 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 34 0 obj <>stream Important To Note: Since the use of Limited Grants, the risky practice of trying to avoid probate is less useful. In situations where the sale of the estates real property already occurred, a limited grant application helps! A grant of probate is obtained by the personal representative, or executor, of the estate upon application to the Surrogate Office of the Court of Queens Bench in Alberta. Please contact a lawyer for assistance. Without a complete picture of the estate in question, its impossible to provide a definitive answer as to whether probate will be required. Grant of Probate Forms If there is no dispute over the will, the personal representative must file a number of non-contentious (NC) documents. 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. The personal representative or executor of the estate is responsible for arranging this but family or friends may do so if there is no personal representative or executor. Self-represented applicants are not required to use this form. While a grant of probate is often required to administer a deceaseds estate, it is not always necessary. Our free consultation allows you definitely know the answer to the Probate vs. 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. Filed Under: Estate Planning Tagged With: estate, grant of administration, grant of probate, surrogate court, surrogate forms. 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 Please note that no specific time frame exists for this process to start. Top 10 Reasons to Get a Severance Package Reviewed by an Employment Lawyer. 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 h;@{= N,QQe.M043M&t NyFJ.D& CmR&z~GG_,"t>(~K9nEII d@iB` a|O\-x (^v1 For example, assets that a quick probate order assists with include: The process for Limited Grants of Probate closely resembles the actual probate process. Applying for a grant of probate is a relatively simple process. MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. 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 @$ ( Contact a local registry office for questions about dealing with a deceased persons vehicle. This occurs most frequently but is not limited to estates involving real estate, investments or corporations. The information collected here is about the applicants and their right and priority to apply for the grant. 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. 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. The Public Trustee will review the submitted documents and respond to the personal representative. 0 Forms to apply for a grant of probate can be found online or you may wish to have a lawyer assist you. Simple estates, estates with minimal assets and estates where all assets are held with a surviving spouse in joint names may not require probate. Because of this, PA1P is also called the grant of probate form. Booklet with detailed legal information about the different types of grants and how to apply for them in Alberta. Letters of Administration issue. If you need assistance with administering an estate, please contact a lawyer. Download forms for applying to the Court of Kings Bench dealing with non-contentious surrogate matters. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). This article provides a brief overview of the important changes. You may need to complete one of these forms to support your probate application. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. The Public Trustee will consider getting involved only if: The Public Trustee does not become involved in family disputes or provide legal advice. The fees for a Grant of Administration are the same as the fees for a Grant of Probate. ^ To administer the estate, the main tasks of a personal representative are to: Additional information can be found in the Estate Administration Act. Then the appropriate You may want to contact a lawyer to discuss specific questions or receive assistance with the administration process. It is easier for an executor to sell a home right away and not wait months for the grant of probate. There is a will, but the appointed personal representative has died, or is otherwise unwilling or unable to take on the responsibilities. Your probate application with the administration process is not always necessary benefit from type. 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