Probate Law: What You Need to Know

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Probate Law What You Need to Know
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• When someone passes away, they may leave behind
  an estate. An Estate comprises the deceaseds
  debts and assets. Though this is a difficult time
  for many families, the law may require you to
  take specific steps. When your loved one leaves
  behind a Will, probate may be a process you need
  to engage with.
• Working with a probate lawyer in Edmonton can
  help demystify the process. Heres a quick look
  at some of the critical facts to know about the
  probate process for Alberta estates.

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• The basics of probate a definition
• Probate refers to the legal process of the
  court validating a Will. There are essential
  steps to take soon after the individual passes
  away. Completing probate on an estate can take
  many months.
• Does everyone have to go through probate?
• Not always, but you should anticipate probate
  except in narrow circumstances. For example, if a
  husband passes away and transfers everything to
  his wife, probate may be unnecessary if the
  assets are already shared. Estates of very low
  value with few assets to distribute may also not
  require probate. Wills that require complex
  distributions and those concerning high-value
  estates normally go through the courts.

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• Probate does not apply if an individual dies
  without a Willwhich is referred to as
  intestacy. When a person dies intestate it
  requires a different process called a Grant of
  Administration. Such a grant comes with more
  limitations and requirements and can pose greater
  challenges if you try to navigate the situation
  on your own. An estate lawyer is an essential
  resource in this type of situation.
• Navigating the probate court process
• A lawyer can help you take the appropriate steps
  in the probate process. However, heres a quick
  look at the necessary steps for obtaining a grant
  of probate.

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• First, obtain a death certificate.
• Obtain all documentation about the assets and
  debts of the deceased.
• Locate all the beneficiaries named in the Will.
• Apply to the court for a Grant of Probate.
• The court appoints the personal representative
  (executor/executrix) of the estate according to
  the Will or another individual if necessary.
• You must then notify all the beneficiaries named
  in the Will
• The court will then review the grant
  application, and determine if the Will is valid
  and enforceable.

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• After review, the court grants probate, which
  allows you to begin making distributions and
  managing the estates remaining affairs.
• Although the steps may seem straightforward,
  complications can ariseespecially if disputes
  about the Will exist.
• Find an experienced probate lawyer in Edmonton
  today
• The situation can feel overwhelming when youre
  responsible for someones estate as a personal
  representative. Experienced assistance makes the
  difference and helps you reach a timely
  conclusion. When you need help with a Will or
  probate in Alberta, Lypkie Henderson can support
  you through this process. Schedule a consultation
  with our offices today to learn more about your
  options.