Affidavit By The Attorney For The Personal Representative(s) On Application For A Grant (Cts12300)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Affidavit By The Attorney For The Personal Representative(s) On Application For A Grant (Cts12300) is a commonly used form within Alberta. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Affidavit By The Attorney For The Personal Representative(s) On Application For A Grant (Cts12300)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit By The Attorney For The Personal Representative(s) On Application For A Grant (Cts12300):

• This form pertains to the State of Alberta

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Alberta’s Form NC 29 - Affidavit By The Attorney For The Personal Representative(s) On Application For A Grant (Cts12300) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Alberta form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Alberta probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form NC 29, take a break, and then review. Probate and estate settlement processes in AB are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form NC 29 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form NC 29 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Affidavit By The Attorney For The Personal Representative(s) On Application For A Grant (Cts12300) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Alberta.

5 reasons you should submit NC 29 as quickly as possible:

1. The sooner you begin, the faster Alberta can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Alberta. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Alberta is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Alberta probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Alberta probate clerk or court for exact answers regarding Form NC 29, and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit By The Attorney For The Personal Representative(s) On Application For A Grant (Cts12300) is one of the many probate court forms available for download through Atticus.

It may also be available through some Alberta probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Alberta.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form NC 29 - Affidavit By The Attorney For The Personal Representative(s) On Application For A Grant (Cts12300) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Alberta probate court office.

Affidavit By The Attorney For The Personal Representative(s) On Application For A Grant (Cts12300) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Alberta-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Alberta Form NC 29 - Affidavit By The Attorney For The Personal Representative(s) On Application For A Grant (Cts12300). You can use this to get an idea of the context of the form and what type of information is needed.

NC 29 CTS12300 Rev. 2020-08Page 1 of 2 COURT FILE NUMBER COURT ESTATE NAME Clerk's Stamp PROCEDURE (Choose one) Affidavit by the Attorney for the Personal Representative(s) on Application for a Grant of: JUDICIAL CENTRE Court of King's Bench of Alberta (Surrogate Matter) Probate Administration Administration with Will Annexed Administration of Unadministered Property Other DEPONENT'S NAME ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT THE DEPONENT SWEARS UNDER OATH OR AFFIRMS THAT THE INFORMATION IN THIS AFFIDAVIT AND IN THE ATTACHED SCHEDULES IS WITHIN THE DEPONENT’S KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED. Applicant the personal representative(s) named in the deceased’s last will. the person(s) with priority to apply for a Grant of Administration. the person(s) with priority to apply for a Grant of Probate, the personal representative(s) named in the deceased’s last will having renounced his/her/their right to apply. Other 1. The applicant is the attorney for , who are entitled to apply for a grant because they are: 2. The personal representative(s) appointed the applicant as their attorney for the purpose of this application on . NC 29 COURT FILE NUMBER CTS12300 Rev. 2020-08Page 2 of 2 Schedules Attached 3. The following schedules are part of this affidavit. They are correct to the deponent’s information and belief. NC 3 Schedule 1 Deceased NC 4 Schedule 2 Will NC 5 Schedule 3 Personal Representative(s) NC 6 Schedule 4 Beneficiaries NC 7 Schedule 5 Inventory Documents Attached 4.The following documents are part of this affidavit. Attorney from Power of Original Will of the Deceased NC 8 Affidavit of Witness to a Will I have personally prepared or carefully read the schedules and documents that are part of this affidavit and to the best of my knowledge the information in them is accurate and complete. Notices NC 19 Notice(s) to Beneficiaries (residuary) NC 20 Notice(s) to Beneficiaries (non residuary) NC 21 Notice(s) to Beneficiaries (intestacy) NC 22 Notice to Spouse or Adult Interdependent Partner of Deceased – Family Property Act NC 24 Notice to a Dependent Child or Minor Grandchild or Great-grandchild of the Deceased – Family Maintenance and Support NC 23 Notice to Spouse/Adult Interdependent Partner of Deceased – Family Maintenance and Support 5. The applicant(s) have served the following notices as required and in the manner prescribed by the Surrogate Rules. (Include the following if applicable. Delete if not applicable.) The attorney for the personal representative(s) will not make a distribution to a trustee of any property that is subject to a trust under the will until after an acknowledgment of trustee(s) in Form NC 6.1 signed by the trustee(s) has been filed. 6. The attorney for the personal representative(s) will faithfully administer the estate of the deceased according to law and will give a true accounting of the attorney’s administration to the persons entitled to it when lawfully required. 7. SWORN OR AFFIRMED BY THE DEPONENT BEFORE A COMMISSIONER FOR OATHS AT ON , ALBERTA. Signature of Deponent A Commissioner for Oaths in and for Alberta