Affidavit On Application For An Order Appointing A Trustee Of A Minor’s Property (Cts12986)

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 An Order Appointing A Trustee Of A Minor’s Property (Cts12986) 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 On Application For An Order Appointing A Trustee Of A Minor’s Property (Cts12986)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit On Application For An Order Appointing A Trustee Of A Minor’s Property (Cts12986):

• 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 MP2 - Affidavit On Application For An Order Appointing A Trustee Of A Minor’s Property (Cts12986) 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 MP2, 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 MP2 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 MP2 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 On Application For An Order Appointing A Trustee Of A Minor’s Property (Cts12986) 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 MP2 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 MP2, and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit On Application For An Order Appointing A Trustee Of A Minor’s Property (Cts12986) 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 MP2 - Affidavit On Application For An Order Appointing A Trustee Of A Minor’s Property (Cts12986) 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 An Order Appointing A Trustee Of A Minor’s Property (Cts12986) 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 MP2 - Affidavit On Application For An Order Appointing A Trustee Of A Minor’s Property (Cts12986). You can use this to get an idea of the context of the form and what type of information is needed.

CTS12986 Rev. 2022-06 Page 1 of 5 Public (when completed) Form MP2 Affidavit on Application for an Order Appointing a Trustee of a Minor’s Property Court File Number Clerk's Stamp Court Court of King's Bench of Alberta (Surrogate Matter) Judicial Centre Name of Minor Address for Service and Contact Information for Party Filing this Document Address City or Town Province Postal Code Email Address Phone Deponent(s) Name(s) Copy of Bond Attached THE DEPONENT(S) SWEAR(S) UNDER OATH ORAFFIRM(S) THAT THE INFORMATION IN THIS AFFIDAVIT IS WITHIN THE DEPONENT’S KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED. 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 2 affidavits: one addressing matters within the knowledge of the Applicant(s), and another addressing matters within the knowledge of the proposed trustee(s) and expressly consenting to be appointed as trustee(s). 1.Applicant(s) I am (We are) the proposed trustee(s) in this application. I am (we are) 18 years of age or older and the (relationship of proposed trustee(s) to minor) of the minor. 2.Minor Minor Last NameMinor First NameMinor Middle Name AddressCity or Town Province Postal Code Date of Birth (yyyy-mm-dd) Age CTS12986 Rev. 2022-06 Page 2 of 5 Public (when completed) 3.Living parents and guardians of minor The living parents and guardians of the minor are: (provide the following information about each living parent and guardian) Last NameFirst NameMiddle Name AddressCity or Town Province Postal Code Is the parent or guardian (one of) the proposed trustee(s)? Parent Guardian appointed under section 22 of the Family Law Act by the minor’s deceased parent(s): Guardian appointed by Court order under section 23 of the Family Law Act YesNo Relationship to minor (name(s) of deceased parent(s)) 4.Deceased parents of minor (if any) No parent of the minor is deceased. The following parent(s) of the minor is (are) deceased: OR First NameMiddle NameLast Name Date of death (yyyy-mm-dd)Residence at date of death (province, country) 5.Property for which trusteeship order is requested 5.1 I am (We are) (tick applicable box) 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) applying to be appointed as trustee(s) of the minor’s property generally. The minor is currently entitled to the following property: CTS12986 Rev. 2022-06 Page 3 of 5 Public (when completed) DescriptionValueSource of minor's entitlement 5.2 In 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. 6.1 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) 6.Best interest of the minor (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 co mpared 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. 6.2 I (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. 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. 7.Specific authority or provisions requested (if any) 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 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). CTS12986 Rev. 2022-06 Page 4 of 5 Public (when completed) 8.Service 8.1 I (We) (tick the applicable box) OR intend to serve each of the minor’s parents and guardians, other than the Applicant(s), with a notice in Form MP4 and a draft am (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: First NameMiddle NameLast Name Parent or Guardian for the following reasons order in Form MP7 and will file proof of service in Form GA5 with the Court. 8.2 I (We) am (are) aware that a notice in Form MP5 and a draft order in Form MP7 must be served on the Public Trustee and will file proof of service in Form GA5 with the Court. 9.Minor's consent OR am (are) filing the minor’s consent to this application for a trusteeship order, as required by section 14(3) of the am (are) applying to the Court for an order allowing this application for a trusteeship order to be made without the minor’s (tick the applicable box) I (We) Minors’ Property Act. consent. 10.Bond OR (tick the applicable box) I (We) 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. OR am (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 trustee(s) to provide a bond or other security, and describe any other safeguards that are or will be in place. OR one of the proposed trustee, namely the proposed trustees, or is a trust corporation within the meaning of section 11(3) of the Minor’s Property Act. am (are) not required to provide a bond or other security because CTS12986 Rev. 2022-06 Page 5 of 5 Public (when completed) 11.Attached documents 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. 12.Acknowledgments 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. 13.Administration of trust 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 ORAFFIRMED BEFORE A COMMISSIONER FOR OATHS IN AND FOR THE PROVINCE OF ALBERTA AT ALBERTA ON (month)(day) , 20 . BASIS FOR AFFIRMATION CONFIRMED Deponent Appointment Expiry Date (yyyy-mm-dd) A Commissioner for Oaths in and for Alberta