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PROFESSIONAL PROBATE LAWYERS IN CALGARY
Are you looking for a probate lawyer in Calgary? First West Law LLP can help you through the legal probate process as you deal with wills and estates.
Our experienced probate lawyers have helped many clients navigate difficulties and losses after the passing of a loved one. Contact us today to schedule a consultation with a probate lawyer.
WHAT IS PROBATE?
Probate is a legal process under which a will is legally accepted and becomes a valid public document. The probate process protects the executor from claimants of the estate by obtaining court approval for the disposition. The executor determines the estate’s debts, assets, distributable gifts and beneficiaries and, with assistance, completes the probate process and files all tax returns of the deceased.
In instances where there is a will, a named executor will usually need to apply to the Surrogate Court of Alberta to receive a formal grant of probate to proceed.
The experienced wills and probate lawyers at First West Law in Calgary can help you plan your affairs so that the expense of probate may not be necessary in some cases.
WHAT IS THE GRANTING OF PROBATE?
The granting of probate is the court's official recognition that a will is valid and can be executed. It empowers the appointed executor to manage and distribute the deceased person's assets. This legal document is essential for various transactions, such as transferring real estate, closing bank accounts, and distributing inheritances.
Our probate lawyers in Calgary have a deep comprehension of local laws and regulations, ensuring that the granting of probate proceeds efficiently. We take our clients through each step, providing clarity and support during a challenging time.
WHEN IS PROBATE REQUIRED?
An application for probate is required for most wills in Alberta. Scenarios requiring a will to be probated include:
- If the deceased’s estate is complex.
- If a bank or other financial institution holds some of the estate.
- If the deceased owned real estate.
If you are unsure whether to apply for probate, speak to our wills and estate lawyers today to discuss your situation.
WHAT IS NEEDED FOR PROBATE?
You may be required to submit some or all of the following documents to the court to acquire a grant of probate:
- The will of the deceased person.
- Contact details for the executor and the probate lawyer.
- Affidavit of the executor.
- Information on the deceased and your relatives.
- Details regarding the final will and testament.
- The executor's information.
- The beneficiaries' information.
- An inventory of the estate's assets and liabilities in their entirety.
- Witnesses to the will to provide affidavits.
- Notice to the residual beneficiaries.
- Beneficiaries are notified about specific gifts.
WHAT HAPPENS IF THERE IS NO WILL?
When a person dies without a will, it is categorized as an “intestate” death. In such cases, you can apply for a Grant of Administration and ask the court to appoint someone to administer and distribute the deceased's estate.
According to the Surrogate Rules, priority is given to the deceased's family in the following order:
- The deceased's surviving spouse or adult independent partner.
- In case of the absence of a surviving adult independent partner, or if they are unwilling or unable to act, the deceased's children.
- When there are no children or if the children are reluctant or unable to act, the deceased's grandchildren.
- The deceased's parents.
- The siblings of the deceased.
- Other members of the deceased's family.
Only by court order can the Grant of Administration be awarded to more than three people simultaneously in Alberta. Except for spouses and adult interdependent partners, residents of Alberta are prioritized.
Contact First West Law LLP to speak with a probate lawyer in Calgary.
WHAT DO PROBATE LAWYERS DO?
It's a legal process that takes place after someone passes away. It involves validating and executing their will through the court system. This process makes sure that the deceased's assets are distributed according to their wishes. Probate lawyers are crucial in facilitating this process, offering invaluable assistance to families during a challenging time.
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SOME TIPS!
Navigating the probate process is easier with these helpful tips:
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Start planning your estate early and create a clear and comprehensive will.
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When seeking legal assistance, choose a probate lawyer with expertise in the local laws of your Province.
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Keep essential documents well-organized, including the will, financial statements, and property deeds.
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Open communication with beneficiaries is crucial to prevent conflicts, and staying informed about local probate laws ensures compliance.
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The experienced team at First West Law LLP is ready to provide personalized support and guidance throughout the probate journey, making the process more manageable and less stressful.
Our probate lawyers are here to provide the expertise and compassionate guidance you need. Contact us today to schedule a consultation and take the first step toward a resolution. You can also check our blog page if you have any questions.
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