Probate Lawyer

When a loved one passes away, managing their estate can be an emotional and complex process. One crucial step in this journey is that you will likely need to obtain a Grant of Probate. Our trusted estate planning lawyers can explain what you must do next.

A major contributing factor of whether an estate needs to be probated or not depends on the financial institutions that hold the deceased’s assets and whether the deceased is the registered owner of real estate. They may require a Grant before the assets are distributed or accessed by anyone. Call our Abbotsford probate lawyer to discuss the intricacies of this important event.

How Does Probate Work?

Probate is a process that confirms the validity of a Will and authorizes a person (typically someone named in a Will) to administer the deceased’s estate. It gives a person the legal authority to manage the estate’s assets, pay off debts, pay taxes, and distribute the estate according to the Will.

One of the factors relevant to the form of application include whether the deceased died testate (with a Will) or intestate (without a Will). Our probate layers can help someone in Abbotsford in either of those situations.

If there is a Will, the executor is the person named in that document and, if capable and willing, is responsible for managing the deceased’s estate. If you’ve been named as the executor, you have a legal duty to follow the instructions in the Will and act in the best interests of the estate and beneficiaries. If there is no Will, there is a priority set out in the Wills, Estates and Succession Act (“WESA”) which states who can administer the estate. WESA also sets out how the estate will be distributed in probate.

How to Obtain a Grant of Probate in Abbotsford

The first step in the probate process is to get an official death certificate. This document is necessary to prove the death of the individual. Information needs to be collected to confirm what assets the deceased held at their date of death.

Prescribed forms are completed and filed with the Supreme Court of British Columbia so that the application can be reviewed at the court registry. There are government fees associated with the probate process, which are based on the value of the estate. The person filing the court forms will be required to pay the fees prior to receiving the Grant from the court registry.

With the Grant of Probate in hand, you can start carrying out your duties as an executor, such as settling debts, closing accounts, filing taxes, and finally distributing assets. However, there are also rules as to when estate assets can be distributed in probate, which are important to understand.

Talk to Our Abbotsford Lawyers About Obtaining a Grant of Probate and Administering the Estate

Obtaining a Grant of Probate in Abbotsford is a crucial step in managing a deceased person’s estate. While the process can seem daunting, understanding the steps involved and preparing the necessary documents can help streamline the experience. If you find yourself overwhelmed, don’t hesitate to seek professional legal advice. The lawyers at Zacharias Vickers McCann LLP can help you understand your responsibilities and assist you in fulfilling your duties correctly, while honouring the wishes of your loved one.

It is also important to keep in mind that an estate representative can be held personally liable if they act in a way that breaches their duty to the beneficiaries. Legal advice and guidance can help to ensure that an estate representative acts in a way that complies with the law and minimizes any liability to the estate representative.