When a loved one passes away with a will that names an executor, you need to apply to the court to probate the will. If there is no will, or the executor is deceased, a close family member or relative can apply to administer the estate.
WHAT IS PROBATE?
Probate is a specific judicial process concerning whether a will is valid, and how to legally disperse assets after the death of a person. This process involves things like considering the residency of the deceased, weighing different claims to the estate, and appointing a personal representative, whether that is the Executor or the Administrator.
HOW IT WORKS
Probate is a court application that needs to satisfy the formal requirements of the relevant Alberta statutes. Our professional legal advice and expertise will ensure that your application for a Grant of Probate will be approved by the court without unnecessary delay. Once a grant of probate is given, the executor named in the Will has the authority to administer the estate and disperse assets.
HOW LONG DOES IT TAKE
The length of the probate process depends on the court and the complexity of the estate. The process will be lengthier if someone contests the will.
WHEN TO APPLY FOR A GRANT OF PROBATE OR ADMINISTRATION
If the estate has significant assets, then you will likely need to apply for a Grant of Probate. You may not need to apply for a Grant of Probate if all the assets of the deceased are jointly owned or there are designated beneficiaries of the assets. For example, a spouse of a deceased person may hold title to the home in joint tenancy and have joint bank accounts. Registered Retirement Savings Plans (RRSPs) or Tax-Free Savings Accounts (TFSAs) may designate successors or beneficiaries. Insurance policies may also designate beneficiaries. If you are unsure, the Wills and Estates lawyers at First West Law are available to help you understand your situation.
GETTING PROFESSIONAL HELP
Our lawyers have the professional experience and expertise to ensure a successful application for a Grant of Probate or Administration.
For professional help with estate-related legal issues, contact the lawyers at First West Law LLP in Calgary.