Alberta Probate Form NC 44

Affidavit On Application For A Grant Of Trusteeship Of The Estate Of A Minor Child (Cts12318)

Everything you need to know about Alberta Form NC 44, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related AB probate forms.

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About Affidavit On Application For A Grant Of Trusteeship Of The Estate Of A Minor Child (Cts12318)

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 On Application For A Grant Of Trusteeship Of The Estate Of A Minor Child (Cts12318) 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:

View Form NC 44

AB Form NC 44, which may also referred to as Affidavit On Application For A Grant Of Trusteeship Of The Estate Of A Minor Child (Cts12318), is a probate form in Alberta. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Atticus Fast Facts About Affidavit On Application For A Grant Of Trusteeship Of The Estate Of A Minor Child (Cts12318)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit On Application For A Grant Of Trusteeship Of The Estate Of A Minor Child (Cts12318):

  • This form pertains to the Province/Territory of Alberta

  • The official Alberta source for this form is here.

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 ’s Form NC 44 - Affidavit On Application For A Grant Of Trusteeship Of The Estate Of A Minor Child (Cts12318) up to date, certain details can change from time-to-time with little or no communication.

How to file Form NC 44

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 Provinces/Territories have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form NC 44, 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 44 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 44 witnessed or notarized (if required)

Some Provinces/Territories 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 On Application For A Grant Of Trusteeship Of The Estate Of A Minor Child (Cts12318) 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.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Affidavit On Application For A Grant Of Trusteeship Of The Estate Of A Minor Child (Cts12318) is due

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 44 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 Province/Territory 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 Province/Territory’s government officials, call the local Alberta probate clerk or court for exact answers regarding Form NC 44, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form NC 44 Online

Affidavit On Application For A Grant Of Trusteeship Of The Estate Of A Minor Child (Cts12318) 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 44 - Affidavit On Application For A Grant Of Trusteeship Of The Estate Of A Minor Child (Cts12318) 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 On Application For A Grant Of Trusteeship Of The Estate Of A Minor Child (Cts12318) 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.

View Form NC 44

AB Form NC 44, which may also referred to as Affidavit On Application For A Grant Of Trusteeship Of The Estate Of A Minor Child (Cts12318), is a probate form in Alberta. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Did you know?

  • Form NC 44 - Affidavit On Application For A Grant Of Trusteeship Of The Estate Of A Minor Child (Cts12318) is a probate form in Alberta.

  • Alberta has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in Alberta.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in Alberta, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Affidavit On Application For A Grant Of Trusteeship Of The Estate Of A Minor Child (Cts12318)

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding
.

The Exact Text on Form NC 44

Here’s the text, verbatim, that is found on Alberta Form NC 44 - Affidavit On Application For A Grant Of Trusteeship Of The Estate Of A Minor Child (Cts12318). You can use this to get an idea of the context of the form and what type of information is needed.

NC 44 COURT FILE NUMBER COURTCourt of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE NAME OF MINOR DOCUMENTAffidavit on Application for an Order Appointing a Trustee of a Minor’s Property DEPONENT(S) NAME(S): ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT COPY OF BOND ATTACHED: Yes No THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE INFORMATION IN THIS AFFIDAVIT AND IN THE ATTACHED SCHEDULES IS WITHIN THE DEPONENTS’ KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED. *Note: The contents of this affidavit must be adjusted as necessary to ensure that it accurately reflects the circumstances of your application. For example, if a proposed trustee is not (one of) the applicant(s), it may be necessary to file two affidavits: one addressing matters within the knowledge of the applicant, and another addressing matters within the knowledge of the proposed trustee(s) and expressly consenting to be appointed as trustee(s). Applicant(s) 1.I am (We are) the proposed trustee(s) in this application. I am (we are) 18 years of age or older and the [state relationship of proposed trustee(s) to the minor] of the minor. Minor 2.The minor is: Name: Complete address: Birth date: Age: Living parents and guardians of minor 3.The living parents and guardians of the minor are (provide the following information about each living parent and guardian): 3.1Name: Complete address: Is (one of) the proposed trustee(s) Yes No Relationship to minor: CTS12318 Rev. 2020-08 - 2 - Parent Guardian appointed under section 22 of the Family Law Act by the minor’s deceased parent(s), (name(s) of deceased parent(s)) Guardian appointed by court order under section 23 of the Family Law Act. 3.2Name: Complete address: Is (one of) the proposed trustee(s) Yes No Relationship to minor: Parent Guardian appointed under section 22 of the Family Law Act by the minor’s deceased parent(s), (name(s) of deceased parent(s)) Guardian appointed by court order under section 23 of the Family Law Act. Deceased parents of minor (if any) 4.No parent of the minor is deceased. OR The following parent(s) of the minor is (are) deceased (provide the following information about each deceased parent): 4.1Name: Date of death: Residence at date of death: 4.2Name: Date of death: Residence at date of death: Property for which trusteeship order is requested 5.(Choose one) I am (We are) applying to be appointed as trustee(s) of the following particular property to which the minor is entitled or is likely to become entitled: Description of property: Value of property: $ Source of minor’s entitlement: (e.g. minor is a beneficiary under a deceased person’s estate, personal injury settlement, insurance policy or fatal accident claim. In the case of an estate, state particulars such as name of deceased person and date of death) or I am (We are) applying to be appointed as trustee(s) of the minor’s property generally. 5.1The minor is currently entitled to the following property: DescriptionValueSource of minor’s entitlement CTS12318 Rev. 2020-08 - 3 - 5.2In addition, I am (we are) aware of the following circumstances or claims under which the minor is likely to become entitled to additional property while the trusteeship order is in effect: (describe circumstances or claims, e.g. minor is likely to become a beneficiary under a deceased person’s estate or to receive money under a personal injury settlement, insurance policy or fatal accident claim. In the case of an estate, state particulars such as name of deceased person and date of death) Best interest of the minor 6.It would be in the best interest of the minor for the court to appoint me (us) as trustee(s) of the minor’s property because: (complete all sections) (a)I (We) have the ability to administer the minor’s property because: (describe your relevant qualifications, skills, knowledge and experience) (b)I (We) have the following plan for administering the minor’s property: (describe your plan for prudently administering the minor’s property, including how you would invest the property and what expenditures you anticipate paying out of income from the property for the minor’s benefit) (c)Appointing me (us) as trustee(s) of the minor’s property would have the following benefits for the minor compared with other available options for administering the minor’s property: (describe how you expect your trusteeship would benefit the minor more than other available options for administering the minor’s property, including the option of the Public Trustee administering the minor’s property) (Complete this section only if the application is for trusteeship of the minor’s property generally, rather than for trusteeship only of particular property of the minor.) 6.1I (We) believe the minor’s interests would be better served by appointing me (us) as trustee(s) of the minor’s property generally than by appointing me (us) as trustee(s) of particular property, for the following reasons: (describe why you believe it would benefit the minor more if you were appointed as trustee(s) of all the minor’s property, including property to which the minor may subsequently become entitled while the trusteeship order is in effect, than if you were appointed as trustee(s) of particular property specified in the trusteeship order) Specific authority or provisions requested (if any) (Complete this section only if the application is requesting that the court’s order give the trustee(s) any specific authority or include any specific provisions such as provisions for compensation of the trustee(s).) 7.I (We) request that the court’s order give me (us) the following specific authority or contain the following specific provisions, for the following reasons: (describe specific authority or specific provisions requested and explain reasons for the request) Service 8.8.1 (choose one) I (We) intend to serve each of the minor’s parents and guardians, other than the applicants, with a notice in Form NC 46 and a draft order in Form NC 48, and will file proof of service in Form NC 27 with the court. CTS12318 Rev. 2020-08 - 4 - I (We) are requesting an order of the court dispensing with the requirement to serve a notice and draft order on the following parent(s) or guardian(s) of the minor: (name(s)) for the following reasons: (explain) 8.2I (We) are aware that a notice in Form NC 46.1 and a draft order in Form NC 48 must be served on the Public Trustee and will file proof of service in Form NC 27 with the court. Minor’s consent 9. I (We) (choose one) are filing the minor’s consent to this application for a trusteeship order, as required by section 14(3) of the Minors’ Property Act. are applying to the court for an order allowing this application for a trusteeship order to be made without the minor’s consent. Bond 10.I (We) (choose one) have obtained the required bond, a copy of which is marked as Exhibit A to this affidavit. propose to provide the following security instead of a bond:(describe proposed security instrument, for example, mortgage or promissory note, and state its dollar value) are applying to dispense with the requirement to provide a bond or other security because it would be in the minor’s best interest to do so for the following reasons: (explain why it would be in the minor’s best interest not to require the proposed trustees to provide a bond or other security, and describe any other safeguards that are or will be in place) are not required to provide a bond or other security because the proposed trustee, or one of the proposed trustees, namely (name), is a trust corporation within the meaning of section 11(3) of the Minors’ Property Act. Attached documents 11.I (We) have personally prepared or carefully read the documents that are part of this affidavit and to the best of my (our) knowledge the information in them is accurate and complete. Acknowledgments 12.I (We) consent to being appointed as trustee(s) and acknowledge that if the court appoints me (us) as trustee(s): (a)I (We) must use the trust property only in accordance with the order of the court. (b)I (We) must not borrow or take a benefit from the trust property unless the court order expressly allows me (us) to do so. (c)I (We) must keep adequate records of my (our) administration of the trust property and account to the minor when the minor reaches 18 years of age. (d)I (We) must keep the trust property separate from any other property. CTS12318 Rev. 2020-08 - 5 - Administration of trust 13.I (We) will faithfully administer the trust according to law and will give a true accounting of my (our) administration of the trust to the persons entitled to it when lawfully required. SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR OATHS AT , ALBERTA ON . Signature of DeponentA Commissioner for Oaths in and for Alberta CTS12318 Rev. 2020-08

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