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Estate Administration

AB

This publication guides practitioners acting for executors and administrators in estate law matters in Alberta.

2 Matter Plans

Overview

The publication comprises 2 guides to assist practitioners in obtaining a grant of probate or administration. The commentaries cover obtaining the grant, collecting assets, and distributing the estate in accordance with the will or the rules of intestacy.

The Reference materials folder provides guidance on electronic signing and remote witnessing, and the Getting the matter underway folder contains essential compliance and client engagement documents. The comprehensive Retainer Instructions ensure that all necessary information is gathered from the client at the outset of the matter.

Precedents in this publication include:

  • Letters to the executor or administrator and beneficiaries at various stages;
  • Libraries of letters to asset holders – initial and final;
  • Letters and forms for executor or administrator compensation;
  • Deeds of release and immunity;
  • Deeds of family arrangement;
  • Statement of assets, liabilities, and distribution;
  • Letter to beneficiaries with distribution;
  • Final letters to executor or administrator – concise and extensive.
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2 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Probate (AB)
  • Folder icon Reference materials
    • Item icon AI Prompts
    • Item icon Electronic Signing and Remote Witnessing
    • Item icon Further information
  • Item icon Overview
    A grant is proof of a person’s legal authority to administer the estate of a deceased person. A grant of probate is issued to a person who is appointed as an executor under a valid will. It is proof of the legal authority to deal with the estate, but not the source, as the will is the authority: ...

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Estate administration
    • Item icon To do list - Probate
    • Item icon First steps
    • Item icon Client details, verification, and source of funds
    • Item icon Retainer instructions - Estate administration
    • Item icon Conflict of interest check
    • Item icon Initial letter to client enclosing retainer agreement
    • Item icon Retainer agreement - Alberta
    • Item icon Scope of work - Estate administration
    • Item icon Enclosure - Information sheet - Estate administration
    • Folder icon If required - Authority previous lawyer
      • Item icon Letter to previous lawyer with authority to obtain documents
      • Item icon Authority to obtain documents from previous lawyer
    • Folder icon If required - Application for a death certificate
      • Item icon Application for Death Documents
      • Folder icon If applying from outside Alberta
        • Item icon Application for Death Documents
        • Item icon Statutory Declaration for Proof of Identity
        • Item icon Registry Connect payment page
        • Item icon Letter to Registry Connect with an application for a death certificate
    • Item icon Time and costs estimates
    • Folder icon If required - Costs disclosure update and a non-engagement letter
      • Item icon Letter to client updating costs disclosure
      • Item icon Non-engagement letter
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Confidentiality deed
        • Item icon Deed for general use
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment clause
          • Item icon Confidentiality clause for defined information - All parties
          • Item icon Confidentiality clause for defined information - One party
          • Item icon Confidentiality clause for terms of agreement - All parties
          • Item icon Confidentiality clause for terms of agreement - One party
          • Item icon Costs clause
          • Item icon Counterparts clause
          • Item icon Dispute resolution clause
          • Item icon Events beyond control clause
          • Item icon Governing law and jurisdiction clause
          • Item icon Interpretation clause
          • Item icon No assignment clause
          • Item icon Notices clause
          • Item icon Severance clause
          • Item icon Waiver clause
          • Item icon Whole agreement clause
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment clause
          • Item icon Confidentiality clause for defined information - All parties
          • Item icon Confidentiality clause for defined information - One party
          • Item icon Confidentiality clause for terms of agreement - All parties
          • Item icon Confidentiality clause for terms of agreement - One party
          • Item icon Costs clause
          • Item icon Counterparts clause
          • Item icon Dispute resolution clause
          • Item icon Events beyond control clause
          • Item icon Governing law and jurisdiction clause
          • Item icon Interpretation clause
          • Item icon No assignment clause
          • Item icon Notices clause
          • Item icon Severance clause
          • Item icon Waiver clause
          • Item icon Whole agreement clause
      • Folder icon Execution clauses
        • Item icon Execution clauses - Agreements and contracts
        • Item icon Execution clauses - Deeds
      • Folder icon Statutory declaration
        • Item icon Statutory declaration
      • Item icon Standard annexure note for documents
  • Folder icon B. Preliminary matters including executors, beneficiaries and caveats
    • Item icon Client engagement
      When the firm acts for multiple executors, the firm cannot continue to act when there is a material conflict of interest. To avoid any conflict, clarifying that the firm acts for the executor and not the beneficiaries avoids the beneficiaries later claiming a lack of legal advice they expected the ...

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    • Item icon The deceased
      Remains and funeral wishes The Estate Administration Act uses the general regulations under the Funeral Services Act, RSA 2000, c F-29 and the Cemeteries Act, RSA 2000, c C-3 to determine who has control over the remains. Section 36 of the General Regulation, Alta Reg 226/1998 to the Funeral ...

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    • Item icon Funeral and other expenses
      Funeral expenses The deceased’s bank may allow funds to be withdrawn from the estate before a grant is obtained to pay funeral expenses. If not, the funeral expenses will be borne by another person and claimed as an estate debt.

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    • Item icon Executors
      An executor is a person appointed by the testator in their will to administer their estate or appointed by a person with a general power of appointment under the testator’s will to appoint an executor. The executor does not require a grant of probate unless dealing with real property interests or ...

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    • Folder icon If required - Renunciation
      • Item icon Renunciation and application to be discharged
        If a person appointed in a will as an executor does not wish to apply for a grant, they should sign a renunciation using form GA11. An application for a grant must be accompanied by the renunciation of the executor and those ranking higher than or equal to the applicant under s 13 of the ...

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      • Item icon Letter to person renouncing with renunciation
      • Item icon Renunciation
      • Item icon Reservation of Right to Apply for a Grant
    • Item icon Beneficiaries
      A beneficiary is a person or entity to whom a gift is made by will. However, for the named person to be a beneficiary, both the will and the bequest must be valid. It is incumbent on an executor to establish the will's validity and then administer the estate according to its terms. The executor ...

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    • Folder icon Beneficiaries
      • Item icon Initial letter to beneficiary - Application for probate
      • Item icon Initial letter to beneficiary - Application by alternate executor
      • Item icon Statutory declaration
      • Item icon Clause - Statutory declaration of beneficiary - Identity on intestacy
    • Item icon Estate taxes and pensions
      Estate taxes and duties

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    • Item icon The requirement for a grant of probate
      There is no general statutory requirement to obtain a grant of probate when the deceased's will appoints an executor. The need for an estate grant will depend on the nature of the deceased’s assets. Generally, banks and financial institutions may not insist on an estate grant if the value of the ...

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    • Item icon Challenging the validity of a will
      Challenging a will questions its validity, whereas contesting a will questions the fairness of its provisions. Beneficiaries who do not have any issue with the validity of the will but feel that inadequate provision has been made for them in the will can claim greater provision under Part 5 of ...

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    • Folder icon If required - Caveat
      • Item icon Objecting to an application for a grant of probate
        A person can notify the court of a proposed challenge by filing a Caveat in form C3 before a grant is issued. A caveat does not prohibit an application for a grant. It freezes any application for a grant and ensures that the caveator is notified and can approach the court before a grant is issued. ...

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      • Item icon Letter to caveator's lawyer requesting details
      • Item icon Letter to client regarding the caveat
      • Item icon Caveat
      • Item icon Withdrawal of Caveat
      • Item icon Warning to Caveator(s)
      • Item icon Notice of Objection
  • Folder icon C. Gathering information
    • Folder icon Library of initial letters to asset holders
      • Item icon Initial letter to bank
      • Item icon Initial letter to corporation for debenture particulars
      • Item icon Initial letter to corporation or registry for share particulars
      • Item icon Initial letter to deceased's accountant
      • Item icon Initial letter to deceased's employer
      • Item icon Initial letter to health insurance company
      • Item icon Initial letter to insurance company requesting details of bonds
      • Item icon Initial letter to lender requesting mortgage details and transfer requirements
      • Item icon Initial letter to life insurance company for policy details
      • Item icon Initial letter to pension fund company
      • Item icon Initial letter to retirement home
      • Item icon Initial letter to stockbroker requesting portfolio details
      • Item icon Initial letter general cancellation of membership
      • Item icon Initial letter to creditor
    • Folder icon If required - Where the cause of death leads to compensation
      • Item icon Cause of death claims
        The cause of death may give rise to compensation or damages, for example, if death resulted from a motor vehicle or work accident.

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      • Item icon WCB – Fatality and survivor benefits
  • Folder icon D. Application for a grant of probate
    • Item icon Court fees
      Court fees are payable for each grant application, except for a grant of double probate, a supplemental grant, and a grant of administration of unadministered property or trusteeship. A double probate is granted when an executor who was appointed in a will did not join in the initial application ...

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    • Item icon Application for a grant of probate
      Before applying for a grant of probate, the applicant must confirm that no other application or caveat has been filed. The applicant must obtain a copy of the deceased's death certificate, the will, and take inventory of the estate's assets and liabilities. The value of the estate impacts the ...

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    • Item icon Online filing – Surrogate Digital Service
      All probate applications able to be filed using the Surrogate Digital Service must be filed online. Applications not filed through the Surrogate Digital Service must include a GA1 Submission Eligibility Form indicating why it is not able to be processed through the Surrogate Digital Service. See ...

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    • Item icon Surrogate Digital Service – Online probate application
    • Folder icon If required - Paper application
      • Item icon Grant Application
      • Item icon GA1 Submission Eligibility Form
      • Item icon Inventory
      • Item icon Will cover sheet
      • Folder icon Library of less common forms and affidavits
        • Item icon Affidavit of Witness to a Will
        • Item icon Affidavit of Handwriting
        • Item icon Affidavit Verifying Translation of a Will into English
        • Item icon Renunciation
        • Item icon Reservation of Right to Apply for a Grant
        • Item icon Nomination
        • Item icon Beneficiary’s Consent to Waive or Reduce Bond
        • Item icon Renunciation of Trusteeship
        • Item icon Affidavit of Trustee
      • Item icon Letter to court enclosing paper application for grant of probate
      • Folder icon Notice of application
        • Item icon Notifying those interested in the estate of a grant
          Notice of application After filing the application, the applicant must serve the following people with a notice of the application, Form GA3 – Notice to Beneficiaries and Other Interested Parties and a copy of the grant application:

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        • Item icon Notice to Beneficiaries and Other Interested Parties
        • Item icon Notice to the Public Trustee
        • Item icon Letter to beneficiaries giving notice of application
        • Item icon Affidavit of Service
        • Item icon Letter to court filing affidavit of service
      • Item icon Letter to beneficiaries with notice of grant issuing
      • Item icon Notice of Grant Issuing
      • Item icon Letter to client after grant issued
  • Folder icon E. If required - Reseal
    • Item icon Reseal
      Resealing a foreign grant An estate grant issued in another jurisdiction does not have any effect in Alberta. For example, if the deceased had assets in Alberta and British Columbia, a grant of probate made in British Columbia cannot be used to deal with the Alberta assets. However, some third ...

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    • Item icon Grant Application
    • Item icon GA1 Submission Eligibility Form
    • Item icon Inventory
    • Folder icon Notice of application
      • Item icon Notifying those interested in the estate of a grant
        Notice of application After filing the application, the applicant must serve the following people with a notice of the application, Form GA3 – Notice to Beneficiaries and Other Interested Parties and a copy of the grant application:

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      • Item icon Notice to Beneficiaries and Other Interested Parties
      • Item icon Notice to the Public Trustee
      • Item icon Letter to beneficiaries giving notice of application
      • Item icon Affidavit of Service
      • Item icon Letter to court filing affidavit of service
  • Folder icon F. If required - Application for executor compensation
    • Item icon Executor's compensation
      A personal representative is entitled to fair and reasonable compensation for administering the estate and to be reimbursed for any expenses they incur while discharging their duties. See Part 1 of Schedule 1 of the Surrogate Rules 1995. An executor’s compensation may be determined in one ...

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    • Item icon Agreement to pay compensation
      In practice, the award of compensation is usually fixed in the will or by agreement between the executor and the interested beneficiaries. As the compensation payable to the executor is a testamentary expense, the interested beneficiaries are those entitled to the residue of the estate from which ...

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    • Item icon Application for compensation
      A request for compensation is usually made together with the application to pass the estate's accounts. The executors will present the details of the estate's accounts and administration to the beneficiaries, who will then approve the account and the executors' compensation. The costs associated ...

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    • Item icon Letter to client advising they are entitled to claim compensation
    • Item icon Letter to beneficiary - Personal representative's claim for compensation
    • Item icon Passing accounts
      An executor is required to intermittently present the estate accounts to the beneficiaries for review and approval. The first account must be passed within two years after the deceased’s death if the accounts have not already been presented to and approved in writing by all beneficiaries. ...

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    • Item icon Application
    • Item icon Affidavit - ACC11
    • Item icon Release
    • Folder icon If required - Formal passing of accounts
      • Item icon Application with Notice of Hearing
      • Item icon Affidavit
      • Item icon Notice of Objection or Consent
  • Folder icon G. Dealing with assets and finalizing accounts
    • Item icon Dealing with assets and finalizing accounts
      Accounting The maintenance of a working draft of a statement of account using a spreadsheet enables the monitoring and updating of the status of trust statements, assets received, and liabilities paid.

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    • Folder icon Verification of identity
      • Item icon Verification of identity attestation
    • Folder icon Library of letters and forms - Finalizing estate accounts and property
      • Item icon General collection letter
      • Item icon General reminder letter
      • Item icon Letter to creditor paying account
      • Item icon Letter to retirement home for payment
      • Folder icon Bank
        • Item icon Letter to bank requesting account proceeds
        • Item icon Certificate of identity for bank withdrawal forms
      • Folder icon Real property
        • Item icon Land transfer registration fees
          Before the executors can sell or transfer title in real property, they must first transfer the title to themselves. Transfer of title to an executor or by survivorship is a nominal fee rather than based on property value.

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        • Item icon Capital gains tax
          Capital gains tax liability is assessed on the difference between an asset’s adjusted cost base and the sale price. The adjusted cost base depends on when the deceased acquired the asset as it is not only the purchase price but includes costs incurred because of the acquisition. For example, with ...

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        • Item icon Transfers of real property
          A survivorship application is used to transfer any jointly owned property to the surviving owner. A Statutory Declaration regarding Proof of Death is accompanied by the death certificate and the application fee. Property owned solely by the deceased or tenants in common may need to be transferred ...

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        • Item icon Statutory Declaration regarding Proof of Death
        • Item icon Application for transmission to personal representative
      • Folder icon Insurance, pension and savings plans
        • Item icon Letter to deceased's insurer for payment
        • Item icon Letter to health insurance company for payment
        • Item icon Letter to Service Canada enclosing application for survivor benefits
        • Item icon Application for CPP Death Benefit
        • Item icon Application for Canada Pension Plan Survivor's Pension and Child(ren's) Benefits – Service Canada
        • Item icon Statutory Declaration of Common-law Union – Service Canada
        • Item icon Letter to pension or retirement savings plan on transmission
        • Item icon Letter to home insurance company cancelling home insurance
      • Folder icon Shares
        • Item icon Letter to corporation regarding debenture transmission
        • Item icon Letter to corporation regarding shares transmission
        • Item icon Example content - Affidavit of transmission
        • Item icon Transmission application - Corporation shares for deceased matters
        • Item icon Transfer of shares
    • Folder icon If required - Deeds of family arrangement
      • Item icon Deed of family arrangement
      • Item icon Deed of family arrangement - Life tenant and remainderman
    • Item icon Letter to client advising asset sold
  • Folder icon H. Distribution
    • Item icon Payment of debts
      Generally, all the deceased's property is available to pay the estate's debts, including funeral costs and other testamentary expenses. The executor must not unnecessarily diminish the estate by paying claims they are not bound to pay and should try to preserve specific bequests.

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    • Item icon Estate professional fees
      A practitioner can be part of the administration of an estate in two ways, as an executor and as an estate lawyer. Where a practitioner is an executor only, the practitioner’s compensation is calculated the same way as those of other executors. See Executor’s compensation. A lawyer may be entitled ...

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    • Folder icon If required - Notice to creditors
      • Item icon Notice to creditors
        Before distributing an estate, an executor must publish notice of the intended distribution to the estate creditors and claimants. The notice should be in form GA15: Notice to Creditors and Claimants and published in a newspaper circulated in the area where the deceased usually lived. If the ...

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      • Item icon Notice to Creditors and Claimants
      • Item icon Statutory Declaration of Publication
    • Folder icon If required - Deeds of release and indemnity
      • Item icon Deed of release and indemnity - No estate grant
      • Item icon Deed of release and indemnity - Distribution without notice of claims
      • Item icon Deed of release and indemnity - Distribution with notice of claims
      • Item icon Deed of release and indemnity - Executors compensation
    • Folder icon If required - Distribution without a grant
      • Item icon Distribution without a grant of probate
        An executor who distributes an estate without a grant may take steps to protect themselves. Section 10 of the Estate Administration Act 2014 and the Surrogate Rules 1995 require an executor acting without a grant of probate to provide notice regarding the estate administration to the estate ...

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      • Item icon Personal Representative's Notice to Beneficiary
      • Item icon Personal Representative's Notice to Family Member
      • Item icon Personal Representative's Notice to Spouse or Adult Interdependent Partner
      • Item icon Personal Representative's Notice to Attorney, Trustee, Public Trustee or Guardian
    • Item icon Distribution
      Payment of debts Generally, all the deceased's property is available to pay the estate's debts, including funeral costs and other testamentary expenses.

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    • Folder icon If required - Interim distribution
      • Item icon Interim distribution
        Depending on the estate’s circumstances, it may be appropriate to make an interim distribution to the beneficiaries. For example, s 106(3) of the Wills and Succession Act 2010 allows a personal representative to make an interim distribution for the maintenance of any family member of the ...

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      • Item icon Letter to beneficiary on interim distribution enclosing statement for approval
      • Item icon Statement of assets, liabilities and distribution
    • Folder icon Distribution prior to the expiration of notice to creditors
      • Item icon Letter to personal representative with final accounts and distribution - Prior to expiration of the notice to creditors
      • Item icon Letter to beneficiary on distribution - Prior to expiration of the notice to creditors
      • Item icon Statement of assets, liabilities and distribution
    • Folder icon Distribution after notice to creditors
      • Item icon Letter to client with final accounts and distribution - After the notice to creditors
      • Item icon Statement of assets, liabilities and distribution
      • Item icon Letter to beneficiary enclosing specific bequest
      • Item icon Letter to beneficiary with distribution of residue
    • Item icon Accounts
      Keeping proper accounts Executors must keep proper accounts and provide a clear and accurate accounting of the administration at least every two years: r 97 of the Surrogate Rules 1995. They are required to prepare a financial statement that contains the following:

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    • Folder icon Passing accounts
      • Item icon Passing accounts
        An executor is required to intermittently present the estate accounts to the beneficiaries for review and approval. The first account must be passed within two years after the deceased’s death if the accounts have not already been presented to and approved in writing by all beneficiaries. ...

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      • Item icon Application
      • Item icon Affidavit - ACC11
      • Folder icon If required - Formal passing of accounts
        • Item icon Application with Notice of Hearing
        • Item icon Affidavit
        • Item icon Notice of Objection or Consent
  • Folder icon I. Finalizing the matter
    • Item icon Finalizing the matter
      Following the distribution of the estate, a final letter to the executor reporting on the matter and enclosing their documents should be sent to finalize the matter. If the firm is not acting on the administration, after obtaining the grant of probate, the documents and a letter reporting can be ...

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    • Item icon Letter to client finalizing the matter - Concise
    • Item icon Letter to client finalizing the matter - Extensive
    • Item icon Invoice recital - Estate administration
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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