Understanding Alberta’s Grant Application (GA) Forms

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Are you making an application for a grant of probate or grant of administration with the Alberta Court of King’s Bench? You will need the forms for non-contentious matters available for download on the Government of Alberta website.

These Grant Application (GA) forms are applicable to applications for a grant of probate or grant of administration filed on or after June 15, 2022. The forms are designed to streamline and simplify the process of dealing with someone’s estate when there are no disputes or disagreements among the parties involved.

Here, we break down some of the main GA forms your application may require and their purpose:

GA1 – Grant Application form

All grant applications, whether they are for a grant of probate or grant of administration, must include the GA1 form. The GA1 form contains important information about the deceased, the value of the deceased’s estate, and the person applying to be executor. It also outlines who the beneficiaries of the estate will be and what they will receive from the estate. Applicants must also include a list of people who have an interest in an estate because they had a relationship with the deceased or were dependent on the deceased. An estate lawyer will help ensure that your GA1 form includes the complete list all the persons who are required to be notified about your application under the Estate Administration Act and the Surrogate Rules.

GA2 – Inventory

This form contains a list of the assets and liabilities owned by the deceased. In most cases, this form does not need to be filed with the court. Generally, it only needs to be filed where a bond is required.

Whether the GA2 needs to be filed with the court or not, the GA2 must be completed and signed by the Applicant as it must be served on certain beneficiaries and interested parties. When the value of an asset or liability is not known, it can be marked as “To Be Determined” on the GA2. In those cases, an amended GA2 form must be served on all required parties once the value of the asset or liability is determined.

GA3 – Notice to Beneficiaries and Other Interested Parties

The GA3 form must be signed and served on each beneficiary of the estate as well as the interested parties identified in your GA1 form. The purpose of the GA3 form is to notify the beneficiaries about the gift they are going to receive, and to notify the interested parties that they may have a potential claim against the estate under the Wills and Succession Act or Family Property Act.

GA4 – Notice to Public Trustee

This form must be completed and served on the Public Trustee when a minor (someone under the age of 18 at the date of the deceased’s death), adult represented by the Public Trustee, or missing person has an interest in the estate.

GA5 – Affidavit of Service

Once the GA1, GA2, GA3, and GA4, if applicable, have been served on the appropriate parties, the person who served the parties must swear an affidavit in form GA5 and file it with the court within 30 days of the date of service.

The GA5 affidavit proves to the court that every person with an interest in the estate is aware of the application being made, the gift they are to receive, and/or the fact that they may be able to make a claim against the estate. The court will not issue the grant of probate or grant of administration until the GA5 has been filed, thereby confirming that the relevant parties have been notified about the application.

GA7 – Notice of Grant Issuing

This is completed by the applicant after the grant of probate or grant of administration has been issued by the court. Within 30 days of the issuance of the grant, the applicant must serve a notice in form GA7 on each person listed in the GA1 that requires notification.

GA8 – Affidavit of Witness to a Will

Every will that is submitted in a probate application needs to be accompanied by either a Form GA8, a Form GA9, or, if the will was created before the GA forms were implemented in June 2022, an affidavit that is in form that was permitted before the GA8 was introduced (usually, this form will be an NC8 – the predecessor to the GA8 form).

Generally, the GA8 (or NC8) form must be included when the deceased’s will was signed before a witness. One of the witnesses has to swear this affidavit to confirm that the required formalities were observed when the deceased signed their will.

GA9 – Affidavit of Handwriting

If the will is a handwritten will, or if a witness to a will cannot be located to complete the GA8, then a person who is able to recognize the deceased’s handwriting must swear an affidavit in Form GA9 confirming that the will does appear to be written or signed by the deceased.

Consult with an Estate Lawyer

While there are many other estate forms that may be required depending on the situation, the forms outlined above are most frequently applicable to applications for a grant of administration or probate. However, given the complexity and potential variations in individual cases, it’s advisable for applicants to seek legal guidance. Consulting with an experienced estate lawyer ensures accurate and efficient completion of the application, minimizing potential errors or complications.

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