Probate Lawyers: Help For The Grant Of Probate Application
Probate Lawyers in Calgary
Calgary probate lawyers know that losing a loved one is heartbreaking and stressful. Dealing with their estate often makes things worse. Probate lawyers (also called estate lawyers) help you with the steps required to finalize or wind up an estate. Usually the executor or executrix, now called a personal representative, of a will performs this role. During probate, the assets or property of a deceased person, less owed taxes and debts, are distributed to the beneficiaries named in that person’s will. Click this link to learn more about the role of the executor. A beneficiary is someone who receives a gift under a will.
Personal liability exists if a person fails to properly follow the law with respect to probate. We strongly urge people to reach out, even if just for the free consultation. We want to help. As this is a time of grief and morning, it is easy to miss obligations and responsibilities.
Probate lawyers make the probate application to the surrogate court on your behalf. Further, probate establishes the validity of the will, confirms the last valid will and decides who controls the estate. Lastly, probate, in Alberta, gives everyone involved in the estate certainty that everyone follows the decease person’s exact wishes. Learn more with this link about . Sometimes people have no will in place when they pass. If no will exists, then a similar, but different, process must occur to administer the estate through the courts. Seeking a grant of “Letters of administration” reflects the process when a person passes with no will in place.
We offer no charge, no obligation (free) consultations for the start of the probate process.
The Estate Administration And Probate Process
The finalizing of an estate often takes time. There is the time needed to draft the court application and attend to its execution. The process then includes time at the courthouse until a judge signs off on the estate. Estate law is undergoing changes. Traditionally, at a minimum, probating an estate took three or four months. The surrogate court started using an electronic filing system which now speeds up the probate process. Even with probate lawyers assisting, complicated estates with many beneficiaries often see the process taking over a year. For this reason, some people decide to hire the lawyer to administer the estate, to avoid dedicating so much of their own time to the estates affairs.
If you hire a lawyer, the estate pays for the lawyer’s services, not the person controlling the estate. Until the surrogate court grants an order for probate, no person has the legal right to act for or on behalf of the estate. Probate protects the executor by getting official permission / authorization to act on behalf of the estate.
Executors are allowed to receive compensation (payment) (learn more here) for their work on the estate. Without taking all the proper legal steps executors sometimes face personal liability. There are important things to know when dealing with the property of someone who has died. Note: executor/executrix is now referred to as a personal representative.
Limited Grant Of Probate
Alberta now features a process to deal with certain aspects in an expedited process. A limited grant of probate deals with assets that often burden estate. Primarily this includes real property including land and homes. Often the courts grant a limited grant of probate in under a month. This system works well to avoid the . The funds from the sale of the home are then held and a regular probate application deals with the other assets in the estate. The reason that the government added this process is to help an estate to sell an asset that requires a lot of attention and, often, costs to maintain. It allows for the sale of the home with the sale proceeds deposited to the estates bank account for distribution once the court give the grant of probate.
Do I Need To Probate An Estate In Alberta?
Not all Alberta estates require probate. This is a key determination needed prior to paying a probate lawyer. We understand this. we also want to save the estate money. Consequently, our probate lawyers offer a no charge (free) initial consultation for probating estates. We let you know if the estate you have us review requires probate or not. For clarity, with a simple free phone call, our estate lawyers let you know if the estate requires probate or not.
Please note that it sometimes takes a business day or two to get back to you but we will! Email requests often receive responses faster. Some of the factors to decide if an estate needs probating is if there is land involved (and how it is held), they types of other assets held, where and how assets are held and the size of some assets like bank accounts. Email us today and we will let you know.
The Cost Of Probate Lawyers Fees
Unlike other provinces, the Provincial fees for probating an estate are very low. Alberta does not have a “death tax” of a certain percentage of the estate that you find in other provinces. Here is a link to the Court fees payable when probating an estate. As above, we bill you nor the estate no fees for initial consultations. This means that you pay us nothing after the initial consultation when the estate requires no probating. We have two options for our legal fees when acting for an estate during probate. They are either flat rate or based on the value of the estate; usually a combination of the two.
Our probate lawyers let you know your costs prior to incurring fees or disbursements with us. We believe in transparency with our legal fees and billings. To make this easier and transparent, we provide a no free initial consultation. Not only do our clients enjoy this approach, but they pick Kahane Law Office because this approach is clear throughout the entire process we take with our clients. We also offer exceptional legal and client services.
Who Pays The Legal Fees?
Personal representatives (executors) often worry that they take on the cost of hiring lawyers to help with an estate. This is not true. The estate pays for the fees and costs incurred for help probating the estate. This means that the executor is not out of pocket for the legal fees. While some beneficiaries prefer that the personal representative take on all the work themselves to maximize what they receive from the estate, that is unfair to the personal representative. Further, in the event that the estate is sued by a beneficiary or someone claiming to be a beneficiary, the estate pays the legal fees associated with defending the claim. This is generally not the case, if the personal representative acts outside their legal requirements.
What Happens After The Court Issues The Grant
People struggle with both emotional and practical considerations after the death of a loved one. We recommenced dealing with the emotional and immediate practical aspects first. With the exception of protecting the estates assets, very few legal steps need to take place immediately. The CRA also provides information to help people with this process. Call or email us when you are ready. Our probate lawyers then assist with seeking a grant of probate. Once the court grants probate of an estate, the executor must perform certain tasks. These tasks include:
- Continuing to protect all the assets of the estate (For example, these include real estate, businesses and investments);
- Compiling all the debts of the estate (including debts to the CRA);
- Accounting for of all of the assets of the estate;
- Returning government documents to the government (For example, government issued ID: passports, SIN cards, etc);
- Completing the final tax return of the estate (with an accountants help if necessary);
- Paying off the taxes and debts of the deceased person from the estate’s bank account;
- Distributing the assets to the beneficiaries of the estate; and lastly
- Winding up the estate.
A Free Bonus For Our Clients
Often, when someone passes, their beneficiaries, after receiving the inheritance, need to update their own wills. All the beneficiaries of the estates we probate, receive the free benefit of a discount on preparing their own will. Typically, especially if someone passes intestate, the family members recognize how important it is to have will in place. This discount helps make the process easier for you and your family.
Getting Help From Calgary Probate Lawyers
The Calgary probate lawyers and estate lawyers at Kahane Law Office help you when a family member or loved one has passed away and you are executor for them. we work with you, taking on the legal load. We make the process easier and take on much of the stress that our clients usually face when probating an estate. This allows our clients to better deal with their and their families grief. Estate law allows executors to hire help when dealing with an estate. This help includes lawyers, accountants and other professionals. We provide help when you need it. Please reach us toll-free at 1-877-225-8817, 403-225-8810 locally or email us directly here today to contact us. For more information,