What is Probate?

Merriam-Webster defines probate as “the act or process of validating, through a competent judicial authority, a document presented for official acknowledgment and registration as the final will and testament of a deceased individual.”

But what does that mean in a practical sense?

As an executor, you may face challenges with accessing the deceased’s funds. Likely, their bank or another institution that the deceased’s funds cannot be released until you secure “Probate”. However, they typically don’t provide much further guidance apart from recommending you consult with a lawyer.

The following are key elements involved in the Alberta probate process:

1. The original signed will of the deceased is presented to the Surrogate section of the Court of King’s Bench of Alberta (the “Court”). Accompanying this submission is an application containing information about the deceased, the proposed executor(s), all beneficiaries named in the will, and any individuals with potential claims against the estate as well as a document substantiating the deceased’s death. This application includes an oath sworn by the applicant, affirming the accuracy of the provided details and of their comprehension of an executor’s duties and responsibilities.

2. The proposed executor affirms to the Court that all individuals who are required to be informed of the estate’s administration have been served the necessary documents.

3. A clerk of the Court examines the application and the will, then performs due diligence to verify the accuracy and completeness of the provided information. If any shortcomings are identified, the clerk returns the application and the Will to the applicant. They include requesting corrections be made before resubmission.

4. Once the Clerk is satisfied, the application is forwarded to a Justice of the Court. This Justice conducts additional scrutiny to validate the will, following which, if approved, they issue the ‘grant of probate.’ The grant identifies the executor(s) (referred to as the estate’s Personal Representative) and signifies to any third parties that they have been authorized by the Court to manage the assets of the deceased.

While this overview makes things look simple and straightforward, at Summit Legal Group we know that the process can be confusing… even overwhelming for the executor involved. Please reach out for a no obligation consultation to answer your questions and to provide you with some relief and guidance.

Craig Gorham
Certified Executor Advisor

AUTHOR

Craig Gorham is a Certified Executor Advisor at Summit Legal Group, guiding clients through the Estate Administration process with compassion, empathy and a wealth of specialized knowledge. You can reach Craig directly at 587-393-2069 or craig@summitlegalgroup.ca.

A Comprehensive Guide to Managing a Deceased Person’s Online Presence

If you’ve found yourself in the role of an executor, executrix, personal representative, or administrator, you’re likely facing a myriad of responsibilities in administering an estate. Thanks to many law firms, financial institutions, and the Canadian Institute of Certified Executor Advisors, you have access to plenty of organized lists—often free of charge—to help guide you.

However, one frequently overlooked area is managing the deceased’s online accounts and social media profiles. These assets, although more personal in value than financial, are crucial to address. In this guide, I’ve reviewed the most popular online sites and social networks in Calgary, Alberta, Canada and gathered instructions on to help you manage each platform’s specific processes.

Managing Facebook Accounts Posthumously

Facebook, the globally renowned social media network, has a dedicated page in their online help center to manage a deceased person’s account. They offer the option to memorialize an account, or to remove it if necessary. You can access Facebook’s guidelines here.

Google Accounts: Gmail, YouTube, Blogger and More

Google, home to popular services like Gmail, Blogger, and YouTube, allows users to pre-set administration preferences for their account upon their incapacitation or death. You can access their Inactive Account Manager here. If the deceased did not have this service set up, you can request the closure of the deceased’s accounts here.

Microsoft: Outlook, Hotmail, Onedrive

Microsoft requires a Court Order to modify an account posthumously, otherwise, they close accounts automatically after 2 years of inactivity. Learn more about their policies here.

LinkedIn Profiles After Death

LinkedIn allows the court-appointed executor to either memorialize or close the account on behalf of the deceased. Find out how to manage a LinkedIn account posthumously here.

Instagram: A Unique Approach

Instagram, although owned by Meta Platforms, has a separate process for managing the account of a deceased. Discover their guidelines here and here.

Twitter Policies for Deceased Users

You can request the removal of a deceased family member’s profile by providing relevant documents to Twitter. Learn more about their process here and here.

Apple: Providing a Legacy Contact

Similar to Google, Apple allows users to designate a Legacy Contact who will manage their data after their death. Learn more about Apple’s policies here.

Pinterest: A Closer Look

Pinterest, one of the internet’s most popular image-sharing services, is a bit more reserved about their procedures. You can find their account closure policy here.

In Summary

We hope this comprehensive guide will assist you in your duties as an executor, particularly when dealing with online platforms. Did we miss any platforms? Please let us know and we’ll include it in a future update.

At Summit Legal Group, one of Calgary’s top-rated law firms, we have the expertise to assist you with estate-related needs, from planning your own estate to applying for a grant of probate or grant of administration with the surrogate court. Get in touch to discover how we can support you.

Author

Craig Gorham is a Certified Executor Advisor at Summit Legal Group, guiding clients through the Estate Administration process with compassion, empathy and a wealth of specialized knowledge. Craig can be reached directly at 587-393-2069 or craig@summitlegalgroup.ca.

Everything You Need to Know about City of Calgary Property Taxes (Due June 30)

As homeowners, one of the responsibilities that we have is to pay our property taxes on time. It’s an annual expense that we can’t ignore, and it’s essential that we understand what we’re paying for and when it’s due. In this blog post, we’ll explore essential information about City of Calgary property taxes due. We’ll talk about what property taxes are, where your tax money goes, how much you need to pay, and when the deadline is. We hope that you’ll have a better understanding of your property taxes and feel confident about paying them on time.

What are Property Taxes?

To understand what property taxes are, we need to determine the value of our property, which is assessed by the City of Calgary. The assessed value of your property determines how much you will pay in property taxes each year. Property taxes are used to fund the services provided by the city, such as waste and recycling collection, police services, fire services, and more. The amount that you pay in property taxes each year is based on the assessed value of your property and the tax rate in your area.

City of Calgary landscape

Where does your Tax Money Go?

When you pay your property taxes, it goes towards funding various programs and services provided by the city. The city uses the funds to enhance the beauty of Calgary city, maintain Calgary’s streets, keep neighborhoods clean and safe and promote economic development in the city. Additionally, your tax money goes towards funding essential services such as police, fire, and emergency services.

How much do you need to pay in Property Taxes?

You can calculate the amount that you pay in property taxes each year by multiplying your assessed property value by the tax rate in your area. To find out how much you owe, you can use the tax calculator available on the City of Calgary’s website. It’s important to note that property taxes are due annually. You can choose to pay in one lump sum or through installments.

When is the Property Tax Due Date?

The property tax due date is at the end of June each year. However, the Province of Alberta Land Titles Office (LTO) is experiencing delays in processing ownership and mailing address changes. As a result of this, some new owners will not receive their new annual property tax bills.

Non-receipt of the property tax bill does not exempt owners from late penalty fees.

Property owners who have not received their property tax bill by the end of May must call 311 (or 403-268-2489 if outside of Calgary) to obtain an up-to-date statement of account.

Tax Instalment Payment Plan (TIPPS)

You can join the Tax Instalment Payment Plan (TIPPS) to avoid delays and potential penalties by making smaller monthly payments instead of one large sum.

If you have not joined TIPPS, please ensure you pay the balance in full by June 30, 2023 to avoid penalties.

What happens if you don’t pay your Property Taxes?

The City of Calgary will charge you a penalty and interest on the outstanding balance. If you’re unable to pay your taxes by the deadline, you can enroll in one of two city programs – the Tax Instalment Payment Plan (TIPP) or the Property Tax Assistance Program (PTAP).

Paying your property taxes on time is an essential responsibility of homeowners. It is essential to understand your property taxes, where your money is going, and how much you need to pay so you can meet your obligation. Property owners in Calgary have an additional three months to pay their taxes, allowing them to plan with their budget. Remember, you can enroll in the TIPP or PTAP payment plans to avoid penalties and interest charges. With these tips, paying your property taxes on time will be an easy feat.

What you need to know: Selling a house with a Power of Attorney

Power of Attorney

Selling a house can be a stressful and time-consuming task with many moving parts. While there are professionals available to help you, it is important you understand the process so that you can seek the assistance you need. One key element in the selling process is executing a Power of Attorney (POA) where required. A POA designates someone else’s authority over property or other personal matters should physical or mental disability prevent you from making decisions —in this case when it comes to selling your house. 

In this post, we’ll discuss what you need to know regarding using a POA for selling a house. We outline why you need one in certain circumstances to how you go about selecting someone who will serve as your Power of Attorney while carrying out the instructions outlined in the document. So read on if you want more detailed information about Powers of Attorney and how they apply to real estate transactions.

To sell a property in Alberta, you would typically need a specific type of power of attorney called a “Property Power of Attorney” or “Real Estate Power of Attorney.” This legal document grants someone else the authority to act on your behalf in real estate matters, including the sale of property.

To obtain a power of attorney to sell a property, you will need to follow certain steps and requirements. Here’s a general guide to help you understand the process:

Choose an attorney or agent: Select someone you trust to act as your attorney or agent in the power of attorney document. This person will have the authority to sell the property on your behalf.

Consult a lawyer: It’s advisable to consult with a lawyer who specializes in real estate or estate planning. They can ensure your Power of Attorney is legally sound and meets all the necessary requirements in your jurisdiction.

Draft the power of attorney document: Work with your lawyer to draft the power of attorney document. The document should clearly state your intention to grant your attorney or agent the authority to sell the specific property.

Specify powers and limitations: Clearly define the powers and limitations you want to grant to your attorney. Specify that their authority is limited to selling the property and any related matters, such as signing necessary documents, negotiating terms, and transferring ownership.

Include property details: Provide detailed information about the property, including its address, legal description, and any other relevant details that help identify it uniquely.

Sign the document: Once the power of attorney document is drafted, review it carefully and make sure you understand its contents. Sign the document in the presence of a notary public or a witness, as required by your jurisdiction’s laws.

Notarize the document: Depending on your jurisdiction, you may need to have the power of attorney document notarized. This typically involves signing the document in the presence of a notary public who will validate your identity and witness the signing.

Provide copies to relevant parties: Make copies of the executed power of attorney document and provide them to the relevant parties involved in the property sale, such as real estate agents, lawyers, or title companies.

In conclusion, it is important to understand all the nuances around a Power of Attorney and why you may need one for real estate transactions.

A Power of Attorney is an essential document to have when it comes to managing any real estate transactions. Whether you are refinancing a current property or purchasing a new one, having a Power of Attorney already set up makes the process easier and smoother. With the various options you can choose from, enabling someone else to act on your behalf if needed is more convenient and just as secure when you use the right person for the job. If you would like complete assurance that your Power of Attorney is legally binding and accurate, contact a real estate lawyer at Summit Legal Group today for help in setting one up.

Don’t wait – take control of your finances by creating your own personal Power of Attorney now. The steps are simple and the benefits immense, so why not get started? Reach out to us to guide you through the process and craft a legally sound Power of Attorney tailored to meet your needs. Act now for peace of mind tomorrow!