Summary
In Alberta, if a will exists, the executor applies for a Grant of Probate. Without a will, an interested party applies for a Grant of Administration, and the estate is distributed according to intestacy laws. In British Columbia, the process is similar, with the executor applying for a Grant of Probate if a will exists, and an interested party applying for Letters of Administration if not. If a beneficiary cannot be located within a year, both provinces require reasonable efforts to locate them. If unsuccessful, the representative can apply to the court for directions, which may result in the unclaimed share being held in trust or distributed to other beneficiaries.Full Conversation
what if no will exists
If no will exists in Alberta, the estate is considered "intestate." Here's what happens:
- An interested party (usually a close relative) must apply for a "Grant of Administration."
- The estate is distributed according to Alberta's intestacy laws.
- The court will appoint an administrator to manage and distribute the estate.
Do you have any questions about the intestacy process?
is this the same in bc
In British Columbia, the process is similar but there are some differences:
- If a will exists, the executor applies for a "Grant of Probate".
- If no will exists, an interested party (usually a close relative) applies for "Letters of Administration".
- The estate is distributed according to BC's intestacy laws.
Do you have any specific questions about the probate or intestacy process in BC?
if a representative cannot locate a beneficiary within one year what are the next steps
If a representative cannot locate a beneficiary within one year in Alberta, here are the next steps:
- The representative should make reasonable efforts to locate the beneficiary, such as using search agencies or placing notices.
- If the beneficiary remains unlocated, the representative can apply to the court for directions.
- The court may order the distribution of the estate to other beneficiaries or hold the unclaimed share in trust.
Do you have any questions about how to proceed with the application to the court?
soory for bc
It looks like you're dealing with a situation involving the distribution of an estate where a beneficiary cannot be located. Here’s a summary of the next steps in Alberta:
- Use search agencies or place notices to locate the beneficiary.
- Apply to the court for directions if the beneficiary cannot be located.
- The court may order redistribution or hold the unclaimed share in trust.
Do you have any questions about the court application process?
If a representative cannot locate a beneficiary within one year in BC what are the next steps
If a representative cannot locate a beneficiary within one year in BC, here are the next steps:
- Make reasonable efforts to locate the beneficiary (search agencies, notices).
- Apply to the Supreme Court of BC for directions.
- The court may order the share to be held in trust or distributed to other beneficiaries.
Do you need more details on how to apply to the court?
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