Application For An Order Appointing A Trustee Of A Minor’s Property (Cts12985)

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.

Application For An Order Appointing A Trustee Of A Minor’s Property (Cts12985) 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 Application For An Order Appointing A Trustee Of A Minor’s Property (Cts12985)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application For An Order Appointing A Trustee Of A Minor’s Property (Cts12985):

• 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 MP1 - Application For An Order Appointing A Trustee Of A Minor’s Property (Cts12985) 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 MP1, 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 MP1 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 MP1 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 Application For An Order Appointing A Trustee Of A Minor’s Property (Cts12985) 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?

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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 MP1 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 MP1, and when in doubt— consult a qualified trust & estates lawyer for that area.

Application For An Order Appointing A Trustee Of A Minor’s Property (Cts12985) 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 MP1 - Application For An Order Appointing A Trustee Of A Minor’s Property (Cts12985) 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.

Application For An Order Appointing A Trustee Of A Minor’s Property (Cts12985) 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 MP1 - Application For An Order Appointing A Trustee Of A Minor’s Property (Cts12985). You can use this to get an idea of the context of the form and what type of information is needed.

CTS12985 Rev. 2022-06 Page 1 of 2 Public (when completed) Form MP1 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 Name(s) of Minor's Parent(s)/Guardian(s) Bond Name(s) of Applicant(s) Name(s) of Proposed Trustee(s) 1.Property for which order is requested The Applicant(s) is (are) applying for an order appointing the proposed trustee(s) as trustee(s) of: (tick applicable box) the following particular property to which the minor is entitled or is likely to become entitled: OR the minor’s property generally. 2.Bond or other security (tick applicable box) OR The proposed trustee(s) have obtained a bond in the amount of as described in the affidavit(s) filed with the Court. The Applicant(s) is (are) requesting the Court to approve the following security: with a value ofinstead of a bond, as described in the affidavit(s) filed with the Court. CTS12985 Rev. 2022-06 Page 2 of 2 Public (when completed) OR The Applicant(s) is (are) requesting the Court to dispense with the requirement for a bond or other security on the basis that it would be in the minor’s best interest to do so, having regard to other safeguards that are or will be in place as described in the affidavit(s) filed with the Court. OR The Applicant(s) is (are) requesting an order that no bond or other security is required because the proposed trustee, or one or more of the proposed trustees, is a trust corporation as described in the affidavit(s) filed with the Court. 3.Specific authority or provisions requested The Applicant(s) request that the order give the proposed trustee(s) the following specific authority or include the following specific provisions: Complete this section only if the Applicant(s) is (are) requesting that the order give the trustee(s) any specific authority or include any specific provisions. In considering whether to request specific authority or provisions, the Applicant(s) should consider section 10(6) and (7) of the Minors’ Property Act and sections 34, 35 and 37 of the Trustee Act relating to permitted expenditures from trust property. Note respecting service: If the Applicant(s) is (are) requesting the Court to dispense with service on a non-Applicant parent or guardian, that request should be stated in this section. 4.Applicable Surrogate Rules This application is being made under the following Surrogate Rules: 4.1. Rules 50 to 54. 4.2. Any other Surrogate Rules specifically relied on by the Applicant(s): 5.Applicable statutory authority This application is being made under the following statutory authority: 5.1. Minors’ Property Act, sections 10 and 11. 5.2. Any other statutory authority specifically relied on by the Applicant(s): (tick applicable box) Trustee Act, section 37. Other (specify statute and section number): Date yyyy-mm-ddApplicant(s) NOTICE: This application may be determined only after the Public Trustee has filed a response to the application (see Rule 51(4)(b) of the Surrogate Rules).