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).

Where and how do I file an application for probate in Alberta?

In a recent comment on a post, a reader told me that she was having trouble finding information about where and how an application for probate is filed in Alberta. I understood her to mean that she was looking for an address, phone number or other specific information. I thought a few others might be interested in this information as well, so I'm answering the question in this post as well as in the "recent comments" section.

In Alberta, applications for probate are filed at the Court of Queen's Bench, which is always in the local courthouse. In Calgary and Edmonton only, there is a separate counter in the courthouse that deals with Surrogate Matters, which includes probate, so you would go to the Surrogate Court counter (it's a division of Queen's Bench). In all other centres, go to the Queen's Bench counter.

Take your original documents, signed by the executor, together with the original Will, plus a photocopy of everything. Give all of these documents to the clerk. He or she will take a look at this package, and if it seems fine, will keep the originals and put a stamp on your photocopy with the date and a court file number. You won't get the originals back but you will keep the photocopy. You will pay the clerk a fee of somewhere between $25 and $400 depending on the value of the estate.

If your documents are not ok, the clerk will give them back to you and ask you to make corrections. This may mean that you have to come back another day. Once everything is acceptable to the clerk, he or she will give it to a judge. You don't have to appear in front of the judge unless he/she has questions for you or a problem with your application.

This process usually takes a few weeks.

To call any clerk of the court toll-free from anywhere in Alberta, call 310-0000 (no area code needed). Ask the operator to connect you to the Clerk of the Court of Queen's Bench in the town you're interested in. If the file is in Calgary and Edmonton you can ask for the Clerk of the Surrogate Court. If you are checking on documents that you've already filed, quote the court file number you were given when the clerk stamped your documents, as they are filed by that number, not by name.

Those of you who need this kind of information in the future, keep an eye open for my new Alberta Probate and Administration Kit that will be out in spring of 2011.