Alberta Probate Lawyers: How They Help Executors By Kahane Law Office
By Jeff Kahane|2020-04-26T17:19:15+00:00October 23rd, 2014|Wills & Estate Law|Comments Off on Alberta Probate Lawyers: How They Help Executors By Kahane Law Office
Alberta Probate Legal Help
What to Expect from Alberta Probate Lawyer Services
Alberta probate lawyers know that probate cases of any size can be extremely difficult to handle on your own. Many people do not realize what a major commitment probating a will can be. Representatives of estates can find the support and guidance that they need by hiring a probate lawyer. You might be wondering, what do probate attorneys really do?
Core Services Offered by Alberta Probate Lawyers
In Alberta, the Surrogate Rules place the services provided by probate attorneys into two basic categories: core services and non-core services. Any services that are considered required for the administration of the estate fall within the core services category.
These services might include:
Locating and reviewing the original will or a valid copy of the original will
Gathering the necessary information and documents, and preparing the application for the Grant of Probate
Receiving Clearance Certificates from the Revenue Agency
Preparing estate tax documents
Submitting financial statements and other necessary documentation to beneficiaries and creditors
Providing legal advice to the executor on all matters related to the estate
These are just a small subsection of the many services that might be essential to the administration of the estate, and considered core services. Some smaller, less complex estates may not require all of these services.
Non-Core Probate Law Services
The executor may ask the probate attorney to perform services that are not required or essential. For example, the lawyer may be asked to handle details regarding the sale of real estate or a business, or otherwise handle duties that would typically be performed by the executor.
If the administration of the estate could be completed without these activities being completed, they are not required, and they are not considered core services. Some Alberta probate attorneys apply different rates for non-core services.
Two Different Ways to Work with an Alberta Probate Lawyer
There are two distinctive approaches that executors will often take when hiring the services of probate attorneys.
Full Service Probate Lawyers
Some executors want to essentially hand over most of the responsibility of executing the estate to the Alberta probate lawyer. The executor might stay very involved in the process, ensuring that the wishes of the deceased are respected, but they would rather trust the legal expertise of the attorney. In this arrangement, the probate lawyer would receive instructions from the executor.
Lawyers for A La Carte Additional Support
Other executors of estates prefer to use Alberta probate lawyers as a means of additional support as they handle the administration of the estate. These individuals might work with a lawyer very collaboratively, or they might only contact their lawyer to have very specific questions answered. If a probate case is very simple, the executor has a decent knowledge of Alberta probate law, and the will is not disputed, this can be a feasible option.
Successfully Working with an Alberta Probate Attorney
For Alberta probate attorney services to be effective, it is important for executors and attorneys to work together toward their common goal. NOLO provides the following tips to executors who want to have a strong working relationship with their probate lawyers:
Provide All Necessary Information – Especially if your Alberta probate lawyer is preparing your Grant for Probate application, you must provide all documents related to the estate. Information that is left out can delay the process significantly.
Ask Questions – Do not be afraid to speak up when you do not understand something. By asking questions, you can clear up miscommunications before they happen. Your attorney is there to be your guide and to provide helpful legal advice.
Stay Connected – Stay up-to-date with the state of the case so that you can give accurate information to beneficiaries and so that you know the estate is being administered according to plan.