Answering two Alberta-specific questions

Two different readers have recently asked me questions about things specifically relating to Alberta, so I'm answering them both here.

Firstly, the form you use to put a Notice to Creditors and Claimants in the newspaper (in Alberta only) is called Form NC34, and is found in the Surrogate Rules. I'm attaching a link here that you can follow to get the form. You'll have to scroll about halfway down; the forms are in numerical order.

Also make sure you read Rule 38 which governs how and when to publish the notice, as follows:

38(1)  If a personal representative publishes a notice to claimants, the personal representative must do so in accordance with this rule and may use Form NC 34.

(2)  A notice to claimants must be published in a newspaper

             (a)    that is published or circulated in the area where the deceased usually lived, or

             (b)    if the deceased did not usually live in Alberta, that is published or circulated in the area where a significant amount of the deceased’s property is situated.

(3)  A notice to claimants must be published,

            (a)    in the case of an estate with a gross value of $100 000 or less, at least once, or

            (b)    in the case of an estate with a gross value of more than $100 000, at least twice with 5 days or more between the publications.

AR 130/95 s38;135/96;165/2010

The second question was about how much a lawyer charges to file for probate in Alberta. The general rule set down about 15 years ago is that lawyers will charge $2,250 plus .5% of the estate where the estate is valued at no more than $150,000. Where the estate is valued at more than that, the lawyer will charge $2,250 plus 1% of the estate. This charge is for what are known as core legal services, or the services that are normally required on any estate, including applying for probate. If the lawyer does any of the work that is normally done by the executor (the non-core legal services), the lawyer will charge his or her usual hourly rate.

Not all lawyers follow this general guideline, nor is it required that they do. It's always a good idea to discuss fees and disbursements in the first meeting with any professional before you ask them to do any work for you.

(By the way, both of these questions and many others are covered in my upcoming book, the Alberta Probate Kit).