Probate can be a very complicated matter for those who have to go through the process. First, it is important to have a good and simple understanding of what probate is and what it means. Of course, probate law can differ from province to province. Those who are in Alberta will want to speak with an attorney who has experience in the realm of probate in the province.
What Is Probate in Alberta?
Probate is the court application that proves a will. It ensures that a representative for the deceased transfer the property of the deceased’s estate to the will’s beneficiaries. The process of probate involves making sure that the will is valid. It also determines the legal heirs. While it can be simple in some cases, that’s rarely the way it happens.
Most of the time, probate is a complex, troublesome, and time-consuming problem that causes a huge amount of headaches for those involved. When a surviving spouse inherits the entire estate, things are simple and straightforward. If there is not a will, things may become convoluted. The lawyers at Kahane Law Office can help here too. Whether there is a will in place or not, the process can still be long and hard to understand.
Who is Responsible for Probating a Will?
The personal representative handling the probate will need to gather a substantial amount of information when starting the probate process. This can take a lot of time, and it can take money to get all of that information. In addition, one has to consider the fact that family disputes may arise based on what they do or do not inherit. The time and money costs can be very high, and this can put a burden on the person in charge of the probate when that person is merely a friend and representative of the deceased who has no real idea what he or she might be doing!
Because of these issues, you will want to consider hiring a probate attorney or lawyer in Alberta for the job. They may also be known as an estate lawyer or attorney. The attorney will have experience in handling even complex probate matters, and that removes the headaches and the sheer amount of time it would normally incur. Even when one considers the cost of the probate service, generally taken from the estate, it is easy to see that it is well worth it. The price of hiring an attorney often results in less lost money than one would have to deal with if they tried to take care of probate alone. Read more about getting the help you need for probate here.
What Will Attorneys Charge for Probate Services?
As one might imagine, the amount of money charged by attorneys for probate services varies based on a number of things. First, it depends on the law firm. It will also depend upon the amount of the estate. The smaller and simpler the state the smaller the fee in most cases. Some attorneys may charge a certain percentage of the estate, while others will charge for their services by the hour. One of the reasons some attorneys charge by the hour is because they do not always know just how complex, or simple, a job might be. Other times, they may use a fee schedule. Again, this can vary by province.
In Alberta, there are general guidelines set up for probate lawyers, as well as for other legal services. The guidelines state that for estates up to $150,000, probate would cost $2,250 plus half a percent of the value of the estate. In addition, there would be disbursements and reimbursements of any costs the attorney had to incur. For those estates over $150,000, the cost is $2,250 plus one percent of the value of the estate. As before, they would also be able to charge for disbursements and reimbursements for additional costs. These are merely guidelines though, and not all attorneys follow these service costs.