Public Trustee General Regulation

(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 of 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 property 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 (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 name 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 deceased 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 adult’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 $75 000. (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 deceased 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 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 interval as the trust instrument may provide, and (b) the prescribed statements or 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 statement 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); (c) a fee that the Public Trustee 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 recovered 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 Trustee 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 under 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 if it is settled or a judgment is obtained after the commencement of a trial relating to the minor’s claim, and (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) . 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 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