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My brother died without a will. His estate is worth around $10,000. He never married and has no children or other descendants. Our mother is still alive but is 84 and does not feel able to take on administration of his estate. I have 4 other siblings. The family have all agreed that I am the most suitable person to administer the estate as most of them live in BC. I have four questions: 1. Does my mother need to fill our a Renunciation form (GA11), or a a Nomination form (GA13) or both? 2. Do any of my siblings need to fill out a Renunciation form? 3. Do I need to serve notice to my siblings? Or is it sufficient to serve notice to my mother? My understanding is that in our situation she would be the sole beneficiary. 4. Can I file at the court in Lethbridge where I live or do I have to travel to Pincher Creek which is the closest court to where my brother lived at time of death?
Thank you for any advice you can give me.
08 months ago
Andrew Green (Fort McMurray)
If there are further details not mentioned here it could modify the following information. Specifically, the existence of other priority persons to apply for the Grant or a known claim by a sibling or other relative.
1. The GA 11 is needed. The GA13 is helpful if they nominate you, but it is not required. The GA13 lets the court know that those with priority believe you are the right person for this task. 2. All of your siblings need to fill out the GA11 with the deceased's mother, renouncing all siblings have equal priority. It would also be helpful if they fill out the GA13. 3. The Grant should be served on any family member with a potential claim. Based on what you have said, that would only be your mother. 4. You should be able to file in Lethbridge.
You did not mention the father of the deceased. I assume the father predeceased your brother.
The Surrogate court is quite particular about forms. You should try to be as thorough as possible to avoid them being rejected. You can request the Court Forms Information Coordinator at the Lethbridge courthouse review the forms: https://www.alberta.ca/support-preparing-court-forms
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