Grants Of Probate In Alberta
Free Consultation To See If You Need A Grant Of Probate.
Many people have heard about probate an estate. They may not understand the probate process but they have heard the term. Many of those people who have heard of probate have not heard the term Grant Of Probate. The following is basic information about petitioning the Surrogate Court for a grant of probate. If you require more information regarding probate or or the probate process in Alberta, please contact Kahane Law Office in Calgary. Call 403-225-8810.
What Is A Grant Of Probate?
A grant of probate is a legal process where the courts grant (another word for give) an order for probate. Probate is the proving of a will. Thus a grant of probate is where the court give an order that officially recognizes a will and orders:
- that the will is the last and valid will of a person who has passed
- who the executor(s) of the estate is
- gives the executor powers to act for the estate
- who the beneficiaries are
- and any other matters as the court deems necessary.
We have a short video on probate and probate lawyers if you prefer to learn more about a grant of probate online. Please note that the probate process can take 3-4 months for an uncomplicated estate.
Why Probate Is Required?
Without a process to officially and legally recognize a will, there could be more than one person trying to administer an estate. There could also be more than one set of “final” instructions as to whom gets what. Until the court orders a grant of probate, no person has a legal right to administer an estate.
What Happens If There Is No Grant Of Probate?
Without a grant of probate, the assets of an estate cannot be distributed. In fact, without a grant of probate many financial institutions will not release funds held by the estate and land titles will not transfer property held by the deceased. If a person distributes and estate without a grant of probate, they may be held personally liable. This mean that they may be personally be sued for distributing an estates assets without a grant of probate if someone contests the will, debts are not paid out or if there are outstanding taxes.
Does Every Estate “Need” To Be Probated?
Realistically, there are estates that do not require a grant of probate. If there are vary few assets of value, it may not be required. When a person passes away without accounts held by financial institutions (banks, stocks, etc) in only their name, or real estate, it may not practically be required. A person distributing such an estate still faces the risk of being personally liable, but functionally, the estate can be distributed without a third party requiring probate. If there are these types of assets in the estate, then someone will need to apply for a grant of probate.
Free Consultation To Determine An Estate Needs Probating
We understand that when someone close to you passes away, you have a lot to contend with. People experience, stress, grief, loss, confusion, issues with family members, etc. At Kahane Law Office in Calgary, we want to help make the legal process easier for you so that you can focus on you and your family. We are happy to sit down with you for a free consultation to determine if you will require a grant of probate or if you will be able to distribute the estate without one, should you chose to take that on. We will ALWAYS let you know what is needed, what is not and what the legal ramifications are either way. You will always be at liberty to make the final choice for yourself.
Appointments To Help With Probate
When you are ready to deal with an Alberta estate, call us. We will help you through the process. Have a personal call with one of our lawyers. 403-225-8810 or email us directly here today to contact us.