I received a reader question that was posted on one of the threads but that I'd like to share with you. Reader... I understand your frustration!
"I have embarked on the road to DIY probate using the materials included in the Alberta Surrogate Court kit. My first application was returned, due in part to a couple of oversights on my part, but also for reasons not explained anywhere that I could find, which I found incredibly frustrating.
As both inheritor and executor I did not realize that not only did I have to fill out forms NC 19 and 20 for myself to notify myself that I am a beneficiary, I also had to write and sign an acknowledgement that I had received those forms. I was not given the proper wording for the acknowledgement and am now worried that if I don't do it correctly my next submission will also be returned. Since the application and pickup of materials must be done in person it gets to be time consuming and frustrating. I think it is really pitiful that the province provides a kit that is supposed to let the average Joe file for grant of probate, but does not give us the tools to do so. I hope your book will cover this. I have appreciated reading your website which is easy to navigate and very well written. "
In my book, I specifically addressed the issue of serving notice on yourself, which is one of those quirky little details that makes people crazy. The correct procedure is to prepare the NC19 and 20 notices (which by the way can sometimes be combined into one form), add the acknowledgement on the bottom, sign them, and include the originals in the application for probate. Notices served on other people are included in the affidavit of service but this special procedure is intended to avoid you having to serve documents on yourself.
The wording for the application is:
"I hereby acknowledge receipt of notice of the application for probate, including a full copy of the application, in the estate of ____, deceased."
If you've had your application for probate bounced back to you, insert the NC19/20 (with signed, dated acknowledgement on the bottom) into your original application, and re-submit it.
I think the kit provided by the province is intended only to be a compendium of forms, not necessarily a kit with any advice. This is one of the reasons I decided to do a kit for Alberta probate.The forms are not a lot of good without any instructions.
Im frustrated and perplexed. My brother passed last September. A family member had been made exeutrix. In the months after his death, the executrix has become alienated and hostile toward all benificiaries. We received copies of the will in October and have since only met with hostile responses when trying to find out where the will process presently stands. She has told us that the following are not yet finished:
ReplyDelete1. probate-but when I went to court of queen's bench in March, I got a document that says it cleared on Dec. 16
2. She says she has only filed the first of three taxes and no certificate of clearance has been given - would not all taxes be due by April 30th?
This executrix is planning on holding off on distribution of assetts for as long as she can. She threatens us if we ask for clarrification. I have seen a lawyer and as of yet we know she has not acted illegally, just immorally. Is there anywhere we can check to see what stage the will is at without going through her?