Affidavit of Assets and Liabilities in an Alberta Probate Application

If you are the executor of an Alberta estate, one of the first jobs is to work out what the person owned and what they owed. Alberta's guidance treats identifying the estate's assets and liabilities as the first of the personal representative's main tasks.

This article explains in plain terms how to approach that list: what generally belongs on it, what may not, how to think about values, and how it connects to the rest of the application. Court fee amounts and the precise valuation method are not covered here, so confirm those against the current forms or with a lawyer.

This article covers the law of Alberta.

Why the court wants a list of assets and debts

With a will, the named executor applies for a grant of probate; without a will, or if the executor does not act, someone such as a family member may ask the court for a grant of administration. Working out what the estate owns and owes is the starting point for everything that follows.

The list also matches the job you are taking on. Alberta's guidance describes the personal representative's main tasks as identifying the estate's assets and liabilities, administering and managing the estate, satisfying debts and obligations if there are funds, and distributing the estate and accounting for it. Knowing what the estate owns and owes supports the other tasks, so it is worth doing carefully.

What to list, and what may stay off

Start with everything the person owned in their own name at death, and everything they owed. Not every asset belongs in the estate, though. Property that passes by beneficiary designation or joint ownership may fall outside the estate, so administration may not be needed for it. Whether a particular item is in or out depends on how it was held, so check the account, policy or title documents.

• Bank and investment accounts held only in the deceased's name
• Real property held in the deceased's name alone
• Vehicles, personal belongings and household contents
• Business interests and money owed to the deceased
• Debts such as credit cards, loans, lines of credit and unpaid bills
• Funeral costs, which are paid by the estate

Items with a named beneficiary or a joint owner are the ones to look at closely before you decide where they go. A lawyer can help if the paperwork is unclear.

Gathering information and thinking about values

How you value each item depends on what it is. For accounts, that usually means a statement or letter from the institution. For real property or unusual items such as art, collections or a business, a professional valuation or appraisal may be sensible. The exact approach the court expects is something to confirm on the current forms or with a lawyer or accountant.

If you cannot find a will, there is no central place to look. Alberta has no will registry, so a will may be in a locked cabinet, a safe, a bank safety deposit box, or with a lawyer. The Law Society of Alberta also accepts Lost Wills Inquiry Requests from a member of the public or a lawyer.

• Recent statements for every account and investment
• Property titles, mortgage statements and tax notices
• Insurance policies and registered plan documents showing any named beneficiary
• Recent bills, loan statements and credit card balances
• A copy of the will, if there is one
• Records of any money owed to the deceased

How the statement fits with notices, fees and tax

The statement is only one part of the application. You can apply online through the Surrogate Digital Service or on paper using the GA forms, starting with the GA1. Using the online service requires you to be an Alberta resident and one of the applicants, but that requirement does not apply to paper applications.

Notices matter too. The applicant must serve the grant application and a Wills and Succession Act Part 5 notice of family members' rights on the listed persons, and a grant must not be issued unless the Court is satisfied this was done. A spouse or adult interdependent partner who is the sole beneficiary need not get the family-member rights notice. A spouse or partner who is not the sole beneficiary must also get a Family Property Act notice unless the Court dispenses with it, and service may be excused for someone who cannot be found after reasonable inquiry. If a minor is a beneficiary, the application and a GA4 Notice to Public Trustee must go to the Office of the Public Guardian and Trustee. Once a grant is issued, a notice of grant issuing (Form GA7) must be served within 30 days.

Court fees for a grant application depend on the current fee schedule. The specific fee scale is not set out here. Confirm it with the Court of King's Bench or a lawyer before you file, and keep your valuations consistent with your records.

Tax is part of the picture as well. With the CRA, you report the date of death, prepare the final returns, close any business accounts, and apply for a clearance certificate before distributing cash or assets so you know whether tax is still owing.

What to do next

Build your list before you start the forms, and keep your backup documents together. Accounting is also part of the job after the grant. The Estate Administration Act requires a personal representative to comply with the Rules on accounting, and the tasks include preparing financial statements and a proposed final distribution schedule.

Be careful about distributing too early. A dependant's application for maintenance and support must be commenced within 6 months after the grant is issued. The Court may allow a late application for any part of the estate not yet distributed.

• List every asset and debt, noting how each asset was held
• Mark items that may pass outside the estate by beneficiary designation or joint ownership
• Collect statements and valuations for each item
• Confirm the current forms and court fee with the court or a lawyer
• Hold back distributions until tax and dependant-claim risks are addressed

Frequently asked questions