Public Trustee General Regulation (Alta. Reg. 201/2015)

Alta. Reg. 201/2015

Alberta — Regulations

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Alberta Regulation 201/2015 With amendments up to and including Alberta Regulation 37/2026 Current as of April 1, 2026 PUBLIC TRUSTEE ACT PUBLIC TRUSTEE GENERAL REGULATION

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 37/2026) ALBERTA REGULATION 201/2015 Public Trustee Act PUBLIC TRUSTEE GENERAL REGULATION Table of Contents 1 Notice regarding property 2 Expeditious disposition of small estates 3 Election to administer estate in certain cases 4 Transfer of property to minor’s guardian 5 Transfer of property to Public Trustee’s equivalent in other jurisdiction 6 Monitoring trustee for minors 7 Public Trustee compensation for acting as litigation representative for minor 8 Trustee of estate o f incapacitated person 9 Access to information regarding clients 10 Repeal 11 Coming into force

Schedule Notice regarding property 1(1) A notice referred to in

section 11(2)(

b) or (4), 12(6) or 28(6) of the Act must contain all of the following: (

a) a description of the propert y and a statement of its value or estimated value; (

b) the information required under this section; (

c) any information that the Public Trustee considers appropriate to include in the notice.

(2) A notice referred to in

section 11(2)(

b) or (4) of the Act must contain all of the following: (

a) if the person entitled to the property is known, (

i) the name of the person according to the records of the Public Trustee, and

Section 2 AR 201/2015 PUBLIC TRUSTEE GENERAL REGULATION 2 (ii) if known, the date of birth of the person; (

b) if the property is part of the estate of a deceased person, (

i) the deceased person’s na me according to the records of the Public Trustee, (ii) if known, the deceased person’s date of birth and date of death, and (iii) the judicial centre and file number of the relevant court file; (

c) if the property is held by the Public Trustee under a court order, the judicial centre and file number of the relevant court file.

(3) A notice referred to in

section 12(6) of the Act must contain all of the following: (

a) the deceased person’s name according to the records of the Public Trustee; (

b) if known, the d eceased person’s date of birth and date of death.

(4) A notice referred to in

section 28(6) of the Act must contain all of the following: (

a) the represented adult’s name according to the records of the Public Trustee; (

b) if known, the represented a dult’s date of birth and date of death; (

c) the judicial centre and file number of the court file related to a trusteeship order, as defined in the Adult Guardianship and Trusteeship Act, if applicable. AR 201/2015 s1;37/2026 Expeditious disposition of small estates 2(1) The amount prescribed for the purpose of

section 13(1) of the Act is $10 000.

(2) The document referred to in

section 13(2) of the Act must be in Form 1 of the Schedule. Election to administer estate in certain cases 3(1) The amount prescribed for the purpose of

section 16(1)(

b) of the Act is $75

Section 4 AR 201/2015 PUBLIC TRUSTEE GENERAL REGULATION 3

(2) The election referred to in

section 16(2)(

a) of the Act must be in Form 2 of the Schedule.

(3) At the time of filing an election, the Public Trustee must also file with the Court an affidavit disclosing, insofar as known to the Public Trustee, (

a) the name, date of death and last place of residence of the deceased, (

b) the beneficiaries of the estate, (

c) whether the deceas ed left a will or not, (

d) the estimated gross value of the deceased’s estate, and (

e) any additional information that in the opinion of the Public Trustee is appropriate to disclose in the affidavit.

(4) If the deceased left a will, it must be attached as an exhibit to the affidavit referred to in subsection (3). Transfer of property to minor’s guardian 4(1) The amount prescribed for the purpose of

section 18(1)(

b) of the Act is $25 000.

(2) The acknowledgment of responsibility referred to in

section 18(3) of the Act must be in Form 3 of the Schedule. AR 201/2015 s4;73/2020 Transfer of property to Public Trustee’s equivalent in other jurisdiction 5 The following are designated as equivalent entities for the purpose of

section 19 of the Act: JURISDICTION EQUIVALENT ENTITY British Columbia Public Guardian and Trustee Manitoba Public Guardian and Trustee Newfoundland and Labrador Public Trustee Northwest Territories Public Trustee Nova Scotia Public Trustee Nunavut Public Trustee Ontario Public Guardian and Trustee or the Children’s Lawyer Prince Edward Island Public Trustee Quebec Curateur public Saskatchewan Public Guardian and Trustee Yukon Public Administrator or Public

Section 6 AR 201/2015 PUBLIC TRUSTEE GENERAL REGULATION 4 Guardian and Trustee Monitoring trustee for minors 6(1) For the purposes of

section 21(2)(a)(iii) of the Act, the Public Trustee must review the trust’s liabilities.

(2) For the purpose of

section 21(2)(

b) of the Act, (

a) the prescribed interval is one year or such longer interva l as the trust instrument may provide, and (

b) the prescribed statements o r information are as follows: (

i) an inventory of assets and liabilities as of the beginning of the year; (ii) a statement of receipts and disbursements for the year; (iii) a separate statemen t of capital receipts and disbursements, if relevant under the terms of the trust; (iv) an inventory of assets and liabilities as of the end of the year.

(3) The following fees are prescribed for the purpose of

section 21(11) of the Act: (

a) for the initial review under

section 21(2)(

a) of the Act, (

i) a file-opening fee of $75, plus (ii) $100 per hour for time expended by the Public Trustee to obtain and review the information referred to in

section 21(2)(

a) of the Act; (

b) for each review under

section 21(2)(

b) of the Act, (

i) a minimum fee of $100, plus (ii) $100 per hour for time in excess of one hour that is expended by the Public Trustee to obtain and review the statements and information referred to in subsection (2);

Section 7 AR 201/2015 PUBLIC TRUSTEE GENERAL REGULATION 5 (

c) a fee that the Public Trust ee considers reasonable for anything done under

section 21(5) of the Act. Public Trustee compensation for acting as litigation representative for minor 7(1) The compensation payable to the Public Trustee under

section 23(1)(

b) of the Act by the potential defendant as defined in

section 5.1(1)(

b) of the Limitations Act is the aggregate of the following: (a) $1000; (

b) any amount paid or payable by the Public Trustee to a third party for the purpose of pursuing the minor’s claim; (

c) one of the following amounts: (i) 1% of the amount recovered for the minor, if the minor’s claim is resolved before questioning; (ii) 2% of the amount recovered for the minor, if the minor’s claim is resolved before trial; (iii) 3% of the amount recove red for the minor, if the minor’s claim is resolved after trial.

(2) For the purposes of subsection (1), (

a) a minor’s claim is considered to be resolved before questioning if it is settled or a judgment is obtained (

i) after the Public Trust ee delivers a notice under

section 5.1(6)(

b) of the Limitations Act or is directed by a judge to act as the minor’s litigation representative, and (ii) before questioning und er

Part 5, Division 1, Subdivision 3 of the Alberta Rules of Court occurs in a proceeding related to the minor’s claim, (

b) a minor’s claim is considered to be resolved before trial if it is not resolved before questioning under

Part 5, Division 1, Subdivision 3 of the Alberta Rules of Court occurs but is settled or a judgment is obtained before the commencement of a trial relating to the minor’s claim, (

c) a minor’s claim is considered to be resolved after trial i f it is settled or a judgment is obtained after the commencement of a trial relating to the minor’s claim, and

Section 8 AR 201/2015 PUBLIC TRUSTEE GENERAL REGULATION 6 (

d) the amount recovered for a minor includes the cost of funding a structured settlement. AR 201/2015 s7;37/2026 Trustee of estate of incapacitated person 8 A certificate referred to in

section 24(2) of the Act must be in Form 4 of the Schedule. Access to information regarding clients 9 A requisition referred to in

section 44(4)(

a) of the Act must be in Form 5 of the Schedule. Repeal 10 The Public Trustee General Regulation (AR 241/2004) is repealed. Coming into force 11 This Regulation comes into force on January 1, 2016.

Schedule Form 1 Certificate of

Summary Disposition of Small Estate (Public Trustee Act (section 13)) Pursuant to

section 13 of the Public Trustee Act, I hereby certify that the Public Trustee is administering the estate of (name of deceased) , a deceased person who resided in (municipality) , Alberta. Date Public Trustee for the Province of Alberta Form 2 Election to Administer Estate (Public Trustee Act (section 16)) Pursuant to

section 16 of the Public Trustee Act, the Public Trustee hereby elects to administer the estate of (name of deceased) , a deceased person who resided in (municipality) , Alberta and who died on (date of death) .

Schedule AR 201/2015 PUBLIC TRUSTEE GENERAL REGULATION 7 Date Public Trustee for the Province of Alberta Form 3 Guardian’s Acknowledgment of Responsibility (Public Trustee Act (section 18)) This acknowledgment of responsibility is given by Name Address 1 This acknowledgment of responsibility relates to the minor, (name of minor) , who was born on (day, month, year) . 2 I am the minor’s guardian because I am □ the minor’s mother or father □ appointed guardian by the deed or will of the minor’s parent, (name of parent) , who is now deceased □ appointed guardian by a court order dated (date of guardianship order) . 3 I have the power and responsibility to make day-to-day decisions affecting the minor. 4 I request the Public Trustee to deliver to me, to hold as trustee for the minor, money or other property of a total value of $ that the Public Trustee is holding for the minor. 5 I will use or expend the money or other property only for the minor’s benefit. 6 When the minor reaches the age of 18 years I will account to the minor and transfer the balance of the money or other property remaining at that time to the minor.

Date Guardian’s Signature Witness

Schedule AR 201/2015 PUBLIC TRUSTEE GENERAL REGULATION 8 Form 4 Certificate of Public Trustee Regarding Incapacitated Person (Public Trustee Act (section 24)) Pursuant to

section 24 of the Public Trustee Act, I hereby certify that the Public Trustee is trustee of (name) , of (municipality) , Alberta, under a certificate of incapacity issued under the Dependent Adults Act on (date) . Public Trustee for the Province of Alberta Form 5 Requisition for Information or Records (Public Trustee Act (section 44)) To: (name of person or organization) (Name of client or potential client) of (address) is a client or potential client of the Public Trustee. In accordance with

section 44 of the Public Trustee Act and □

section 13(1)(

e) of the Protection of Privacy Act □

section 35(1)(

p) of the Health Information Act □

section 20(

b) of the Personal Information Protection Act the Public Trustee hereby requires you to provide the following information or records to the Public Trustee: (Description of information or records) Date Public Trustee for the Province of Alberta (Name and title of person signing of behalf of the Public Trustee) AR 201/2015 Sched;142/2025

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Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 201/2015
Type	regulation
Volume / chapter	2015 201
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	d75d58649c10d873e76d79a25bb5a46e7e3c5731

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