Applying for the Grant of Probate
Once all of the necessary documents and information has been collected, executors can apply for the Grant of Probate. Alberta's probate application process underwent significant changes effective June 15, 2022, replacing the Non-contentious (NC) forms with the new Grant Application (GA) forms.
Notably, the Court no longer accepts applications submitted using the old NC forms after this date. Online guides help break down more intricate differences and requirements of these forms such as one ClearEstate has compiled. Other resources are available, such as the “Surrogate Rules and Forms Package - A User's Guide for Grant Applications, January 1, 2024” that is available through the Alberta King’s Printer for $49.95.
The first step will be to complete and submit the GA1 - Grant Application which is a comprehensive compilation covering information about the deceased, the applicant(s), persons requiring notification, required documents for the Court's consideration, and the applicant's oath or affirmation.
Some other common forms such as the GA2 - Inventory, which reports the deceased's assets and debts, will require filing after the GA1. This form introduces changes requiring a detailed list of assets both within and outside Alberta, including jointly-owned assets. The net value of the estate is calculated, aiding in determining court fees.
Most applicants will need to submit the GA3 - Notice to Beneficiaries which consolidates previous notices for different beneficiaries into a single form, encompassing all beneficiaries and interested parties. The GA4 - Notice to Public Trustee is mandatory in specific circumstances, alerting the Public Trustee to applications involving minors, disabled adults, or missing beneficiaries.
Lastly, to ensure compliance with the new process, applicants must file a GA5 - Affidavit of Service, confirming proper notice to all interested parties and the GA7 - Notice of Grant Issuing, which is a new requirement, compelling applicants to inform interested parties once the Court issues the grant.
Paying Debts and Final Distribution
Managing estate finances, settling debts, and ensuring a seamless distribution of assets constitute critical elements of the Alberta probate process. The notice to creditors, whether through direct communication for known creditors, or a public announcement for unidentified creditors in a local newspaper, is also a key step for executors. The GA15 – Notice to Creditors and Claimants, is a template for executors but does not need to be submitted to the court.
The executor holds the responsibility of settling outstanding debts and overseeing the collection of owed amounts to the estate post-court appointment in the Alberta probate proceedings. A diligent and timely approach is essential to prevent legal complications, ensuring a smooth and organized final distribution process in line with the overarching probate goals.
Executor's Role in Deceased Person's Estate
The role of an executor extends beyond paperwork; it encompasses managing the deceased's entire estate. This involves inventorying assets, appraising property, and addressing outstanding liabilities, and paying probate fees. Executors are generally chosen by the deceased and usually specifically identified in a will because they play a pivotal role in ensuring the deceased's wishes are honoured. If there is no will or the executor fails to assume their duties, family members or other relevant individuals can apply for a Grant of Administration. Within certain circumstances a Public Trustee may administer the estate.
Distributing Assets and Settling Debts
In the concluding phases of probate, the focus shifts to the distribution of assets in accordance with the will and the settlement of outstanding debts. These matters can include the distribution of property, paying lawyers fees, and ensuring fair and equitable distribution among beneficiaries. Another role of the executor is to manage funeral arrangements and costs, which are generally allotted for within the estate. Lastly, the executor will ensure that they have received the proper compensation for their time and efforts.