Personal Representative (Executor): Should I Take the Job? This form is a compilation of the information found in a number of NC forms. 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. 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. 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. The information collected here is about the applicants and their right and priority to apply for the grant. 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. The personal representative must provide the following to the OPGT office: The Public Trustee will review the submitted documents and respond to the court. You may wish to contact a lawyer to provide assistance with determining if a grant is required. Our lawyers help when you need it. if the transfer or sale of the land affects the gift received by the minor, then the personal representative must also provide a recent certified appraisal regarding the market value of the property. You may want to contact a lawyer to discuss specific questions or receive assistance with the administration process. We let you know if you need probate, at no cost. 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]. Limited Grants of Probate allow for a faster process to sell these assets. Below is a list of commonly used forms. Often, the savings in maintaining the assets, paying a mortgage, utilities and insurance, more than offset this cost. If you have any questions about how your probate application might be impacted, you can reach out to the probate registry or a lawyer. The Public Trustee must consent to a transfer of land any time a minor has an interest in an estate, even if the transfer or sale of the land does not affect the gift received by the minor. The ownership and transfer of a deceaseds jointly-owned assets are governed by rules that have evolved over time through the courts (common law). Letters of Administration issue. 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. You must serve the trustee, not the represented adult. Learn about the risks of attempting to avoid probate. The application 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. 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. Some assets frequently cause more stress and work to deal with through the estate administration process. If you need to reach us please call 780-451-8764 (you will have to leave a message) or email. First probate forms must be completed, then the appropriate application is made: If there is a valid will the executor will apply for a Grant of Probate. Information provided was current as of publication date of issue . The Public Trustee is not able to confirm who is administering the estate, unless the Public Trustee is administering the estate. Temporary Layoffs: What Alberta Employees Need to Know, Updates to the Alberta Employment Standards Code, Holograph Wills: Creating a Will During Uncertain Times, Emergency Financial Assistance from AB Government, Duty to Accommodate: Best Practices for Employers, Best 5 Employer Options During the Coronavirus Pandemic, Alberta Court Closures: How You Might Be Affected. Upon receiving the grant, the applicant must serve interested parties with a notice saying the Court has issued the grant. Affidavit by the executor. Alberta 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: . 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 Do NOT include personal information. 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. 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. There are 49 (yes, 49) different NC Forms that may comprise a Probate Application or an Application for a Grant of Administration. In situations where the sale of the estates real property already occurred, a limited grant application helps! As soon as someone dies, his or her executor has the authority to take possession and control of the deceased person's property and do anything in relation to that property that the deceased could have done. The Court will not issue a grant until it has received a filed Form GA5 Affidavit of Service for each interested party. In the case of a bankrupt estate, the court may appoint a creditor of the estate. Important To Note: Since the use of Limited Grants, the risky practice of trying to avoid probate is less useful. 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. endstream endobj 33 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 34 0 obj <>stream 27 0 obj <> endobj The grant allows the personal representative to legally fulfill their duties as the administrator of the estate. Personal Representative (Executor): Should I Take the Job? 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. 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]. Forms to apply for a grant of administration can be found online or you may wish to have a lawyer assist you. click here to watch our video on probate and probate lawyers. When people refer to probate or probating a will, they are likely referring to obtaining a grant of probate. Simple estates, estates with minimal assets and estates where all assets are held with a surviving spouse in joint names may not require probate. 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. Unless extreme time sensitivity exists, a few days or weeks often cause no problematic issues for the estate. Booklet with detailed legal information about the different types of grants and how to apply for them in Alberta. If beneficiaries are found later, they can still get their money. In this situation, the court issue a Grant of Administration with Will Annexed, appointing a personal representative to administer the estate. While technically yes, in reality not all estates require probate. To administer the estate, the main tasks of a personal representative are to: Additional information can be found in the Estate Administration Act. As such, the Estate Planning Lawyers at West Legal dont believe in avoiding probate at all costs. Legal Information for Senior AlbertansLearn how to identify, prevent, and deal with Elder Abuse. Obtain certified copies of the grant. In this part, the applicant sets out information about the will and any codicils. hbbd``b`jASUbiXA@&Fu@#n?_ Acceptable documents proving death are a Death Certificate or Funeral Directors Statement of Death. To fill in and save the form: If you are still having problems opening the form, contact PDF form technical support. Interested parties include 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, or adult children unable to earn a livelihood due to disability. We'll gladly discuss your case with you at your convenience. If it is issued from a court of a jurisdiction other than Alberta, it must be resealed by the Court of - s Bench. All fields are required unless otherwise indicated. 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. * We meet with you at no charge to determine if the estate you seek to manage actually requires probating. Whereas a Grant of Probate is issued when an executor/executrix is appointed in a will, a Grant of Administration is issued: (Note: the term personal representative is the current legal term used to refer to an executor/executrix, administrator/administratix, and judicial trustee.). wills@west-legal.ca or 403-723-0175 to get started. The applicant must list the jointly owned assets to the best of their ability using the information available to them. In these situations, on completion of the sale, the sale proceeds sit in the estates bank account and wait for the final probate order. You can also contact the Court of Kings Bench closest to where the deceased lived before they died to ask if any grants have been issued for the deceased persons estate if the person is not willing to share the document with you. Essentially, the order is used for the preservation or property or converting property into another form (for example, money) which is more easily managed. pleting the Specialized Forms for an 6 Com Application for Probate 57 1.orm NC 6.1 Acknowledgment of Trustees F 57 2. (Note: the term personal representative is the current legal term used to refer to an executor/executrix, administrator/administratix, and judicial trustee.). 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. Whereas a Grant of Probate is issued when an 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. All fields are required unless otherwise indicated. Shelly Chamaschuk is a partner at Reynolds Mirth Richards & Farmer LLP in Edmonton, Alberta. Unfortunately, those needing to deal with probate, do so at a time when they face the emotional challenges of losing someone they cared about. +,/vXF(f7k~{ 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). To get answers to questions, use Alberta Connects. We understand that there is more to you than the legal inquiry that brought you in. The surviving spouse or adult independent partner of the deceased, The children of the deceased, when there is no surviving spouse or adult independent partner, or if they are unwilling or unable to act, The grandchildren of the deceased, when there are no children, or if the children are unwilling or unable to act, Other lineal (blood) descendants of the deceased. Limited Grant Of Probate Process. 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