Probate Lawyer

Probate Lawyer in Calgary

If you need a probate lawyer in Calgary, this Calgary Wills and Estates Lawyer has over 30 years of experience and he can help you.  The purpose of probate applications are to confirm the last will of a deceased person, to establish that the deceased did not have any other, more recent wills and to legally appoint an executor of the estate.  Such applications are made according to law.

What Is A Probate Application?

Probate applications are almost always made by probate lawyers.  A probate application is a special court application.  The application is made to a court known as the Surrogate Court which is a part of the Court of Queen’s Bench of Alberta.  The applications are made on the forms prescribed in the Surrogate Rules and are rather complicated.

Typically, probate applications are paperwork only and in most cases no people and no lawyers are actually required to go to court.  The paperwork gets submitted and reviewed by a Justice (Judge) of the Surrogate Court and if everything is in order, a “grant of probate” will be signed by the Court.  The person appointed as executor then becomes the official executor.

What Happens After Probate Is Granted?

After a grant of probate has been issued, the executor proceeds to deal with the estate.  Depending on the situation, much work is needed to be done.  Assets need to be located and protected.  Banks need to be notified.  Insurance companies need to be contacted.  Maybe there are stocks and bonds or other paper assets that need to be handled.  There may be real estate and it may need to be sold or transferred to the beneficiaries.  Tax returns need to be prepared.  There is a lot of work.  Your probate lawyer has seen it all before and can offer their experience and assistance.

There are a great many rules surrounding probate matters both statutory and at common law.  If you have been named as an executor or executrix of an estate you should obtain legal advice from a Calgary probate lawyer to make sure you are doing things properly.  It is normal for people to have an probate lawyer assist them from the start to the end of the estate administration.

Executors can be held personally responsible and liable for a number of things if they are not done properly so you need to be careful.  Talk to an experienced probate lawyer.

How A Probate Lawyer Can Help

It is normal for the executor and the probate lawyer to sit down and discuss all the things that need doing and then agree on who is going to do what.  Much depends on how the executor wants to do things.  The probate lawyer can be used as much, or as little, as seems appropriate.  Frequently the probate lawyer does the bulk of the heavy lifting because they have the experience and have done it all before.

Typically the will sets out who the Executor or Executrix of the estate is going to be, as well as who the beneficiaries are and who gets how much, or in the case of specific bequests or gifts, exactly what that person will receive.

Probate Applications and Grants – The Law in Alberta

There is a whole body of law that has developed over the years (dating back to old England) surrounding the whole legal field of “probate”.  Some is in the law books as “common law” and some is codified in provincial legistlation.  In Alberta, the two primary pieces of legislation dealing with probate matters are the Wills and Succession Act (SA 2010, cW-12.2) and the Surrogate Rules as passed under the Judicature Act as Alberta Regulation 130/95.

Alberta Probate Forms

Probate forms in Alberta are properly called the Surrogate Court Forms and they are found in Schedule 3 of the Alberta Rules of Court.  Here is a partial listing of those forms.  This is not meant to be a comrehensive list.  It is for illustrative purposes only, not as legal advice.  We wish to point out how many forms there are and the various purposes they are use for in order to give the reader an idea of how technical and complicated this area of law is.

Trying to complete an application for probate without a lawyer is not for the faint of heart!  Much better to call Bill Ranson, Q.C. and put him and his 30 years of experience to work on your behalf.

The Forms

Application by the personal representative(s) for a grant:

These forms are used in so-called “Non-Contentious” matters:

NC 1 Application by the personal representative(s) for a grant of
NC 2 Affidavit by the personal representative(s) on application for a grant of
NC 3 Schedule 1: Deceased
NC 4 Schedule 2: Will
NC 5 Schedule 3: Personal representative(s)
NC 6 Schedule 4: Beneficiaries
NC 6.1 Acknowledgment of Trustee(s)
NC 7 Schedule 5: Inventory of property and debts
NC 8 Affidavit of witness to a will
NC 9 Affidavit of handwriting of deceased
NC 10 Affidavit verifying translation of non-English will
NC 11 Affidavit of witness to signature on
NC 12 Renunciation of probate
NC 13 Reservation of right to apply for grant of probate
NC 14 Renunciation of administration with will annexed
NC 15 Renunciation of administration
NC 16 Nomination and consent to appointment of personal representative
NC 17 Nomination and consent to appointment of personal representative
NC 18 Consent to waive bond or other security
NC 19 Notice to beneficiaries (residuary)
NC 20 Notice to beneficiaries (non residuary)
NC 20.1 Notice of void gift
NC 21 Notice to Beneficiaries (intestacy)
NC 22 Notice to spouse of deceased
NC 23 Notice to spouse/adult interdependent partner of deceased
NC 24 Notice to dependent child or minor grandchild or great-grandchild of the deceased
NC 24.1 Notice to the Public Trustee
NC 25 Affidavit regarding missing or unknown beneficiaries
NC 26 Court of Queen’s Bench of Alberta (Surrogate Matter)
NC 27 Affidavit of service
NC 28 Application by the attorney for the personal representative(s) for a grant of
NC 29 Affidavit by the attorney for the personal representative(s) on application for a grant of
NC 30 Application by a personal representative for a grant of double probate
NC 31 Affidavit by a personal representative on application for a grant of double probate
NC 32 Application by the personal representative(s) for a grant of
NC 33 Affidavit by the personal representative(s) on application for a grant
NC 34 Notice to Creditors and Claimants
NC 34.1 Statutory Declaration of Publication
NC 35 Statutory declaration by creditors and claimants
NC 36 Probate
NC 37 Administration with will annexed
NC 38 Administration
NC 39 Double probate
NC 40 Ancillary grant of probate
NC 41 Ancillary grant of administration with will annexed
NC 42 Ancillary grant of administration
NC 43 Application for a grant of trusteeship of the estate of a minor child
NC 44 Affidavit on application for a grant of trusteeship of the estate of a minor child
NC 45 Election of a trustee by a minor
NC 46 Notice
NC 47 Affidavit to dispense with a bond or other security
NC 48 Trusteeship of the estate of the minor child
NC 49 Certificate of Valid Grant

So these first 49 forms are for use in applications for probate, applications for the appointment of an administrator, applications for double probate or double administration (where two people died) and other incidental matters.  The use of the lettering “NC” on the forms reflects the “Non Contentious” terminology as used in the Surrogate Rules.

There are a lot of forms!  Your lawyer and his staff will be familiar with all these forms and it’s their job to know which ones to use and how to fill them out properly.

Formal Proof of Will Forms; Deciding contested claims Forms; Application for Trusteeship of a Minor Child Forms.

These forms are used in so-called “Contentious” matters:

C 1 Application for (state matter)
C 2 Affidavit in support of (or opposing) application for (state matter)
C 2.1 Reply to Application for (state matter)
C 2.2 Demand for Notice in Respect of Application for
C 3 Caveat
C 3.1 Withdrawal of Caveat
C 3.2 Discharge of Caveat
C 4 Warning to Caveator(s)
C 5 Application by personal representative(s)
C 6 Affidavit by personal representative(s)
C 7 Schedule 2.1: Previous wills
C 8 Notice to persons interested in the estate
C 9 Notice of objection to informal grant
C 9.1 Notice of objection to application for Trusteeship of a Minor Child
C 10 Direction
C 11 Notice of contestation
C 12 Notice of claim and affidavit
C 13 Order in respect of
C 14 Application to authorize minor to make or revoke a will

These “C” forms are for use where matters are contentious.  For formally proving a will, deciding contested claims in an estate, applications for trusteeship and certain matters in respect of minors.   The use of the lettering “C” on the forms in this part reflects the “Contentious” terminology as used in the Surrogate Rules.

These are just the titles or names of all the forms.  The actual forms are typically a few pages long and are found in the Rules of Court.

Accounting Forms

Application by the personal representative(s) to pass accounts formally:

ACC 1  – Application
ACC 2 Affidavit
ACC 3 Notice of Objection or Consent
ACC 4 Terms of accountant’s engagement
ACC 5.1 Accountant’s engagement report
ACC 5.2 Accountant’s engagement report

Application by a person interested in the estate that accounts be passed formally:

ACC 6 Application
ACC 7 Affidavit
ACC 8 Reply by the personal representative(s)
ACC 9 Affidavit of the personal representative(s) objecting to passing accounts formally

Application by the personal representative(s) to dispense with a formal passing of accounts and to pass accounts informally:

ACC 10 Application
ACC 11 Affidavit
ACC 12 Release
ACC 13 Order

The accounting forms are used in the years following the granting of applications.  There are certain requirements under the laws for the periodic filing of accounts in the years after a grant of probate or administration has been made.  This is another situation where it is beneficial to have an estate lawyer familiar with the case assist you in the preparation of these reports in the years following.  This is especially important if there is a minor beneficiary involved.

There are some other forms but that is all we are going to list here.  Obviously, with all these forms it is good to have an office that has experience and knowledge in how to handle them.  It’s complicated to be an executor.  You don’t have to go through it alone.  Call today.

Over 30 years of experience as a Calgary estate and probate lawyer.

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