Surrogate rules in Alberta govern the administration of estates, ensuring that the assets of a deceased person are distributed according to their wishes (if they left a will) or in accordance with the law (if they did not). These rules are overseen by the Surrogate Court, a division of the Court of King’s Bench, in Alberta.

Knowing these rules can help executors and administrators navigate the legal process efficiently, minimizing delays and legal disputes. At the same time, they can provide beneficiaries with clarity on their rights and the procedures that will be followed, offering peace of mind during a challenging time.

To see the official document of Surrogate Rules, click here. Otherwise, we will provide an overview below.

  

The Purpose Of Surrogate Rules In Alberta

The primary purpose of surrogate rules is to ensure the orderly and legal distribution of a deceased person’s assets. These rules provide a structured process for validating wills and estates, appointing executors or administrators, and resolving disputes that may arise during the administration of an estate. Adhering to surrogate rules protects the interests of the deceased, their beneficiaries, and any potential creditors.

The Role Of the Surrogate Court

In Alberta, the Surrogate Court is a division of the Court of King’s Bench that deals specifically with matters related to estates, including the administration of wills, the appointment of executors and administrators, and the resolution of disputes. The court plays a crucial role in overseeing the probate and administration processes, ensuring they comply with the legal requirements in the surrogate court rules.

Who Do the Surrogate Rules Involve?

Surrogate rules in Alberta involve a range of individuals and entities, each playing a crucial role in the administration of an estate. Understanding the roles and responsibilities of these participants is essential for navigating the legal process smoothly. Here is an overview of the key parties involved.

THE DECEASED (DECEDENT)

The person who has passed away is called the deceased or decedent. Their assets and liabilities form the estate that needs to be administered according to their will or, in the absence of a will, Alberta’s intestacy laws.

EXECUTORS

If the deceased left a will, they would have named an executor. The executor is responsible for managing the estate according to the instructions in the will. Their duties include gathering assets, paying debts and taxes, and distributing the remaining assets to beneficiaries. The executor must apply for a grant of probate to gain the legal authority to perform these tasks.

ADMINISTRATORS

When a person dies without a will, the court appoints an administrator to manage the estate. The administrator’s role is similar to that of an executor but is governed by Alberta’s intestacy laws, which dictate how the estate should be distributed among surviving relatives. Administrators must apply for a grant of administration to obtain the legal authority to manage the estate.

BENEFICIARIES

Beneficiaries are individuals or entities named in the will to receive assets from the estate. They have a vested interest in the proper administration of the estate and can challenge the executor’s actions if they believe their rights are not being upheld.

HEIRS

In the absence of a will, the deceased’s assets are distributed to heirs according to intestacy laws. Heirs typically include the deceased’s spouse, children, and other close relatives. Like beneficiaries, heirs have the right to challenge the administration of the estate if they believe it is not being handled properly using the surrogate rules.

THE SURROGATE COURT

The Surrogate Court, a division of the Court of King’s Bench, oversees the administration of estates. The court validates wills, grants probate and administration, resolves disputes and ensures that the administration complies with the law. The court can intervene in cases of misconduct on accounts and handle disputes among beneficiaries, heirs, or executors.

LEGAL PROFESSIONALS

Lawyers play a critical role in the estate administration process. They provide legal advice, prepare necessary documents, represent parties in court, and ensure that the administration follows surrogate rules. Legal professionals can also help resolve disputes and navigate complex cases, providing executors, administrators, and beneficiaries peace of mind.

DEPENDENTS

Dependents are individuals who were financially supported by the deceased. If they believe they have not been adequately provided for in the will, they can file a claim for support and relief. The court evaluates these claims and can adjust the distribution of the estate to provide for the dependents’ needs.

CREDITORS

Creditors are individuals or entities to whom the deceased owed money. They have a right to be paid from the estate before assets are distributed to beneficiaries or heirs. Executors and administrators are responsible for settling these debts as part of the estate administration process.

GUARDIANS AND TRUSTEES

If the deceased was a guardian or trustee for a minor or an incapacitated person, the Surrogate Court might appoint a new guardian or trustee to manage their affairs. This ensures the continued care and financial management for those who cannot care for themselves.

FINANCIAL INSTITUTIONS AND GOVERNMENT AGENCIES

Various financial institutions and government agencies may be involved in the estate administration process. Banks, investment firms, and other financial institutions must be notified of the deceased’s passing to release assets to the estate. Government agencies may also process taxes, benefits, and other legal matters related to the estate.

Grant Of Probate Under the Alberta Surrogate Rules

When a person dies leaving a will, the executor named in the will must apply to the Surrogate Court for a grant of probate. This legal process involves the court validating the will and giving the executor the authority to administer the estate according to the deceased’s wishes. The grant of probate is essential for the executor to gather the deceased’s assets, pay any outstanding debts and taxes, and distribute the remaining assets to the beneficiaries named in the will.

The process of obtaining a grant of probate involves several steps. The first is the application preparation. During this step, the executor must prepare an application that includes the original will, a death certificate, and a detailed inventory of the deceased’s assets and liabilities (sometimes known as Form GA2). This list should be given to those who inherit the remaining estate and submitted to the court along with proof that they were notified (sometimes, Form GA5).

Once all the documents are compiled you and your estate planning lawyer will file the application with the Surrogate Court along with the necessary fees. The court will review the application to ensure that it meets all legal requirements, and then, if the application is in order, the court issues the grant of probate. Once the grant of probate is issued, the executor can proceed with administering the estate, which includes paying debts and distributing assets to the beneficiaries.

The surrogate rules and notices require that all beneficiaries and interested parties be notified of the probate application. This process ensures transparency and allows for any potential contests to be raised in a timely manner.

Digital Filing

The Surrogate Digital Service, introduced on June 15, 2022, allows for the electronic submission of grant applications. This service has streamlined the process, reducing the time needed for approvals from months to about two weeks on average. This digital approach is now mandatory for Alberta lawyers, significantly enhancing efficiency and reducing paperwork.

What Is a GA20 Form?

The GA20 form, known as the “Affidavit of Trustee,” is a crucial document in Alberta’s probate process. This form confirms that trustees appointed under a will understand and accept their responsibilities. Trustees must declare their acceptance of the role and acknowledge their duties, which include managing the estate according to the law and the deceased’s intentions, maintaining accurate records, and distributing assets appropriately.

The GA20 form is not filed with the court but is kept as part of the personal representative’s records. Trustees must perform their duties with care, diligence, and skill akin to those that an ordinarily prudent person would exercise in similar circumstances.

Intestate Estates

If a person dies without a will, their estate is considered intestate. In such cases, a family member or other interested party can apply to the Surrogate Court for a grant of administration. This process appoints an administrator to manage and distribute the estate according to Alberta’s intestacy laws. These laws outline how assets are divided among the deceased’s surviving relatives, ensuring that the estate is distributed fairly and legally. The process for obtaining a grant of administration is similar to obtaining a grant of probate.

Contested Claims Under Surrogate Rules In Alberta

Contested claims are disputes that arise during the administration of an estate and are handled under the surrogate rules in Alberta. The rules lay out precisely what should be done in each scenario.

Claims can arise out of various situations. These include but are not limited to the following.

WILL CONTESTS

One common type of contested claim involves the validity of the will. Beneficiaries or heirs may challenge the will by alleging forgery, questioning the mental capacity of the deceased at the time the will was made, or claiming undue influence. Disputes can also occur if there are multiple versions of a will, requiring the court to determine which one is legally binding. Ambiguous language in a will can lead to different interpretations, prompting the court to intervene and clarify the will’s provisions.

EXECUTOR AND ADMINISTRATOR CONDUCT

Beneficiaries or heirs may contest the actions of an executor or administrator if they believe there has been mismanagement of the estate’s assets, failure to follow the will’s instructions or other misconduct. If an executor or administrator is not fulfilling their duties properly, a contested claim can be filed to remove and replace them.

DEPENDENT SUPPORT AND RELIEF CLAIMS

Dependents of the deceased who believe they have not been adequately provided for in the will can file a claim for support and relief. This is particularly common for spouses, children, and other dependents who were financially reliant on the deceased. The court evaluates these claims and has the authority to adjust the distribution of the estate to ensure dependents receive adequate support.

DISPUTES AMONG BENEFICIARIES AND HEIRS

Beneficiaries and heirs may disagree on how the estate’s assets should be distributed, especially if the will’s instructions are unclear or there are perceived inequalities in the distribution. Disputes can arise over the valuation of estate assets, such as real estate, businesses, or valuable personal property.

Why You Need Help From a Lawyer

Navigating the surrogate rules and probate process in Alberta can be complex and time-consuming, making it beneficial to seek assistance from a lawyer.

Lawyers who specialize in estate law can provide expert guidance through the legal requirements, ensuring that all necessary documents are properly prepared and filed. They can expedite the process by ensuring applications are complete and comply with the rules, reducing the likelihood of delays or rejections.

If disputes arise among beneficiaries or other interested parties, a lawyer can offer mediation and representation during litigation to resolve conflicts and protect your interests. Wills and estate lawyers also ensure the estate is administered in compliance with the law, helping to avoid potential legal issues or liabilities for the executor.

Lawyers who are experts in Canadian and Alberta Estate Law assist in approving personal representatives’ accounts and provide advice on reasonable personal representative compensation, ensuring fair remuneration while maintaining transparency and fairness for beneficiaries.

If you need help with interpreting the surrogate rules of a will, Contact DLegal and speak to an experienced estate lawyer today. We are here to help you navigate the complex world of wills and estates and give you peace of mind that all your estate matters will be handled properly and with care.