Memorandum From Public Trustee

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.

Memorandum From Public Trustee is a commonly used form within Northwest Territories. 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 Memorandum From Public Trustee

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Memorandum From Public Trustee:

• This form pertains to the State of Northwest Territories

• The relevant probate statute or Northwest Territories laws related to this form include: Subrule 28(2)

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 Northwest Territories’s Form Form 38 - Memorandum From Public Trustee up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Northwest Territories 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 Northwest Territories 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 Form 38, take a break, and then review. Probate and estate settlement processes in NT 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 Form 38 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 Form 38 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 Memorandum From Public Trustee 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 Northwest Territories.

5 reasons you should submit Form 38 as quickly as possible:

1. The sooner you begin, the faster Northwest Territories 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 Northwest Territories. 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 Northwest Territories 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 Northwest Territories 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 Northwest Territories probate clerk or court for exact answers regarding Form Form 38, and when in doubt— consult a qualified trust & estates lawyer for that area.

Memorandum From Public Trustee is one of the many probate court forms available for download through Atticus.

It may also be available through some Northwest Territories 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 Northwest Territories.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Form 38 - Memorandum From Public Trustee 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 Northwest Territories probate court office.

Memorandum From Public Trustee 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 Northwest Territories-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 Northwest Territories Form Form 38 - Memorandum From Public Trustee. You can use this to get an idea of the context of the form and what type of information is needed.

Form 38(Subrule 28(2)) MEMORANDUM FROM PUBLIC TRUSTEE IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased. MEMORANDUM FROM THE PUBLIC TRUSTEE From: The Office of the Public Trustee To: The Supreme Court of the Northwest Territories and the personal representative 1. The Public Trustee [ ] does not intend to be represented on this application. [ ] intends to be represented on this application. 2. The Public Trustee confirms the following: [ ] Any property to which a minor is entitled from the estate must be delivered to the Public Trustee. [ ] Clause __________________________ of the will appoints __________________________ as trustee of money or property to which the minor(s) __________________________ is (are) entitled under the will. The will does not appoint the Public Trustee to monitor on behalf of the minor(s). Accordingly, the Public Trustee will not monitor the trustee on behalf of the minor(s) unless the Court directs the Public Trustee to monitor under section 23 of the Public Trustee Act. [ ] Clause __________________________ of the will appoints __________________________ as trustee of money or property to which the minor(s) __________________________ is (are) entitled under the will and clause __________________________ appoints the Public Trustee to monitor on behalf of the minor(s). Accordingly, the Public Trustee will monitor the trustee on behalf of the minor(s). [ ] The Public Trustee reserves the right to apply, under section 3 of the Public Trustee Act or any other enactment, on behalf of __________________________ . Public Trustee ENTERED on this day of , 20 .