Alberta Probate Kit - Self-Counsel Press

Alberta Probate Kit

Lynne Butler, ba, llb

Self-Counsel Press (a division of)

International Self-Counsel Press Ltd. Canada USA

Copyright ? 2011, 2018 by International Self-Counsel Press Ltd.

All rights reserved.

No part of this book may be reproduced or transmitted in any form by any means -- graphic, electronic, or mechanical -- without permission in writing from the publisher, except by a reviewer who may quote brief passages in a review. Any request for photocopying, scanning, or information storage and retrieval systems of any part of this book shall be directed to Access Copyright, the Canadian Copyright Licensing Agency. To make a transactional permission request please use the online Title Search & Permission tool found on the website accesscopyright.ca.

Self-Counsel Press acknowledges the financial support of the Government of Canada for our publishing activities.

Printed in Canada.

First edition: 2011 Second edition: 2018

Library and Archives Canada Cataloguing in Publication

Butler, Lynne, author

Probate kit for Alberta : everything you need to probate an estate / Lynne Butler. -- 2nd edition.

Previously published under the title: Alberta probate kit.

ISBN 978-1-77040-274-4

1. Probate law and practice--Alberta--Popular works. 2. Probate law and practice--Alberta--Forms. I. Title.

KEA246.B87 2018 KF765.Z9B87 2018

346.712305'2

C2016-900786-3

Self-Counsel Press (a division of)

International Self-Counsel Press Ltd.

North Vancouver, BC Canada

Bellingham, WA USA

Contents

Introduction

xvii

1 Things to Do Following the Death of a Loved One 1

1. Make Funeral Arrangements

1

2. Banking Issues

2

3. Secure the House and Notify the Insurer

3

4. Check the Safety Deposit Box

3

5. Find the Original Will

4

6. Get Copies of the Death Certificate

4

7. Have the Deceased's Mail Redirected to You

5

8. Place an Obituary in the Newspaper

5

9. Notify Various Parties of the Death of the Deceased

and Cancel Coverage

5

10. Open an Executor's Bank Account

6

11. Apply for CPP Death Benefit

8

2 Grant of Probate

10

1. What Is Probate?

10

2. Do I Need Probate?

11

3. How Long Will It Take?

11

4. What Does It Cost?

12

5. Can I Do This without a Lawyer?

13

6. What Do Lawyers Charge to Obtain a Grant of Probate? 13

7. How Do I Know If the Will Is Valid?

14

8. What Does an Executor Do?

14

9. What Do I Do about an Executor Who Doesn't Want to

Take Part?

15

10. Am I the Right Person to Apply for Probate?

16

11. Do I Need to Get a Bond?

16

12. Recap of Executor's Duties

17

iii

3 Confirm That the Will Is Valid

20

1. Is This the Original Will?

21

2. Is This the Latest Will?

22

3. Are All the Pages Accounted for?

22

4. Did the Deceased Marry after Making the Will?

22

5. Is It Signed?

23

6. If Holograph, Is It Completely in the Deceased's

Handwriting?

23

7. Is It Witnessed by Two People?

23

8. Was the Will Witnessed by a Prohibited Person?

24

9. Are You Named as the Executor?

24

10. Are There Any Handwritten Additions to the Will or

Anything Crossed Out?

24

11. Is There a Form NC 8 Affidavit of Witness to a

Will Attached?

25

12. Is the Back of the Will Stamped "Exhibit A"?

25

13. Is There a Survivorship Clause?

25

4 How to Apply for the Grant of Probate

26

1. Forms Needed

26

2. Judicial Centres

27

3. The Original Will of the Deceased

29

4. Handwritten Wills or Codicils

30

5. How to Deal with the Notices

30

6. Have Your Documents Commissioned

32

7. Now What?

32

5 Completing the Required Forms for an

Application for Probate

33

1. Form NC 1 -- Application

33

2. Form NC 2 -- Affidavit

35

3. Form NC 3 -- Schedule 1: Deceased

38

4. Form NC 4 -- Schedule 2: Will

46

5. Form NC 5 -- Schedule 3: Personal Representative(s) 48

6. Form NC 6 -- Schedule 4: Beneficiaries

50

iv Alberta probate kit

7. Form NC 7 -- Schedule 5: Inventory of Property

and Debts

53

8. Form NC 8 -- Affidavit of Witness to a Will

53

9. Form NC 19 -- Notice to Beneficiaries (Residuary)

54

10. Form NC 27 -- Affidavit of Service

56

6 Completing the Specialized Forms for an

Application for Probate

57

1. Form NC 6.1 -- Acknowledgment of Trustees

57

2. Form NC 9 -- Affidavit of Handwriting of Deceased

59

3. Form NC 12 -- Renunciation of Probate

63

4. Form NC 17 -- Affidavit to Dispense with a Bond

65

5. Form NC 18 -- Consent to Waive Bond or

Other Security

68

6. Form NC 20 -- Notice to Beneficiaries (Non Residuary) 73

7. Form NC 20.1 -- Notice of Void Gift

73

8. Form NC 22 -- Notice to Spouse of Deceased:

Matrimonial Property Act

74

9. Form NC 23 -- Notice to Spouse/Adult Interdependent Partner of Deceased: Family Maintenance and Support 77

10. Form NC 24.1 -- Notice to the Public Trustee

77

11. Form NC 25 -- Affidavit Regarding Missing or

Unknown Beneficiaries

78

7 How to Prepare the Form NC 7 Inventory

82

1. Contacting Banks, Insurance Companies, Etc.

86

2. Obtaining Values

87

2.1 Finding real estate values

87

2.2 Financial instruments

88

2.3 GICs

88

2.4 Stocks and shares

88

2.5 Canada Savings Bonds

89

2.6 Vehicles

89

2.7 Antiques, artwork, collections, jewelry

89

2.8 Joint property

90

3. Beneficiary Designations

90

v Contents

4. Ascertaining Debts

91

5. Which Expenses for the Executor and Other Family

Members Are Included?

93

6. What about a Breakdown of Funeral Expenses?

93

7. What to Do about Loans to the Deceased's Kids

94

8. Completing the Summary Section of the Inventory

94

9. Completing the Real Estate Section of the Inventory

96

10. Completing the "Other Property" Section of

the Inventory

96

11. Debts

100

12. Finishing Off the Inventory

102

8 Grant of Administration (and Grant of

Administration with Will Annexed)

103

1. What If There Is No Will?

103

2. Where Do I Search for a Will?

104

3. Am I the Right Person to Apply for a Grant of

Administration?

104

4. What Is a Grant of Administration with Will Annexed? 105

5. Am I the Right Person to Apply for a Grant of

Administration with Will Annexed?

105

6. What Does an Administrator Do?

106

7. Who Gets the Estate When There Is No Will?

107

9 How to Complete the Required Forms to Apply

for Grant of Administration (or Grant of

Administration with Will Annexed)

109

1. Required Forms for Administration

109

2. Required Forms for Administration with Will Annexed 110

3. Form NC 1 (Admin) -- Application for Grant of

Administration and Application for Grant of

Administration with Will Annexed

111

4. Form NC 2 -- Affidavit (Administration)

114

5. Form NC 3 -- Schedule 1: Deceased

115

6. Form NC 4 -- Schedule 2: Will

119

7. Form NC 5 -- Schedule 3: Personal Representative(s) 123

vi Alberta probate kit

8. Form NC 6 -- Schedule 4: Beneficiaries

(Application for Administration Only)

125

9. Form NC 6 (Annexed) -- Schedule 4: Beneficiaries

(Application for Administration with

Will Annexed Only)

129

10. Form NC 7 -- Schedule 5: Inventory of Property

and Debts

130

11. Form NC 27 -- Affidavit of Service

130

12. Notices to Beneficiaries

130

10 How to Complete the Specialized Documents

to Apply for a Grant of Administration (or Grant

of Administration with Will Annexed)

134

1. Form NC 6.1 -- Acknowledgment of Trustees

134

2. Form NC 8 -- Affidavit of Witness to a Will

134

3. Form NC 9 -- Affidavit of Handwriting of Deceased 135

4. Form NC 15 -- Renunciation of Administration

135

5. Form NC 16 -- Nomination and Consent to

Appointment of Personal Representative

139

6. Form NC 17 -- Affidavit to Dispense with a Bond, Approve Other Security or Reduce Amount of Security 140

7. Form NC 18 -- Consent to Waive Bond or

Other Security

145

8. Notices

146

8.1 Form NC 19 -- Notice to beneficaries (residuary) 146

8.2 Form NC 20 -- Notice to beneficaries

(non residuary)

146

8.3 Form NC 20.1 -- Notice of void gift

146

8.4 Form NC 22 -- Notice to spouse of deceased:

Martimonial Property Act

146

8.5 Form NC 23 -- Notice to spouse/adult

interdependent partner of deceased:

Dependants Relief Act

149

8.6 Form NC 24.1 -- Notice to the Public Trustee

149

8.7 Form NC 25 -- Affidavit regarding missing or

unknown beneficiaries

150

Contents vii

11 Compiling and Filing Your Application

151

1. Put Documents in Order

151

2. Where to Sign

152

3. Find a Commissioner for Oaths

152

4. Make Copies

152

5. How, When, and Where to File Documents

153

6. Court Fees

155

12 Notices to Beneficiaries and Spouses

156

1. How to Use the Acknowledgement Section

(Where Applicable)

157

2. Form NC 19 -- Notice to Beneficiaries (Residuary)

158

3. Form NC 20 -- Notice to Beneficiaries

(Non Residuary)

161

4. Form NC 21 -- Notice to Beneficiaries (Intestacy)

164

5. Form NC 22 -- Notice to Spouse of Deceased:

Martimonial Property Act

165

6. Form NC 23 -- Notice to Spouse/

Adult Interdependent Partner of Deceased:

Family Maintenance and Support

169

7. Form NC 24 -- Notice to a Dependent Child of

the Deceased: Family Maintenance and Support

170

8. Are Common-Law Spouses Supposed to Be Served

with Notices?

172

9. What Are Adult Interdependent Partners?

175

10. How and When to Serve the Notices

175

11. Serving the Public Trustee

176

12. Preparing Your Affidavit of Service

181

13 Creditors and Claimants

184

1. Who Are Creditors and Claimants?

184

2. The Notice to Creditors and Claimants

184

3. When and Where to Put the Notice in the Newspaper 185

4. How to Prepare the Notice to Creditors and

Claimants (Form NC 34)

186

5. Statutory Declaration of Publication

186

6. What to Do If You Are Notified of a Claim

190

viii Alberta probate kit

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