Getting A Probate Certificate
After a loved one passes away, people will often call our probate certificate lawyers to get a probate certificate. The problem is, that there is not really a specific legal “thing” known as a probate certificate. What you actually need may be one of two things. The wills and estates lawyers at Kahane Law Office in Calgary, are able to help with all your Alberta probate needs. Call 403-225-8810 for more help.
What Is A Probate Certificate?
There is enough confusion, at an emotional time, when someone passes away. People do not know what they have to do or any of the executor’s responsibilities. If there is not a probate certificate, then what are people asking for when they call probate certificate lawyers? Since this area of law includes so much specific documentation, we attempt to simplify the process for our clients. In reality, the answer is one of following four things.
A Grant Of Probate
The most common things that someone requires when they call probate certificate lawyers is a grant of probate. This means that they hire a probate lawyer to make the application to the surrogate court to probate the will or, also known as, probate the estate. When the probate is finalized, an order is granted by the Surrogate Court. This order for probate is a piece of paper with the court’s seal on it. This may be the document referred to as a probate certificate.
Letter Of Administration
If someone dies without a will, then the estate must still go through a legal process involving the surrogate court. This process is call applying for Letters of Administration. This allows someone to administer the estate of the deceased. Once again, once the Letters of Administration is issues by the court, it is in the form of a piece of paper with a seal. This may be what people are referring to when they call our probate certificate lawyers.
Notarized Copy Of A Will
In some situations, people need notarized copies of wills. This is a quick easy process that does not even need an appointment if you want to drop in. As there is usually only one original copy of a will (there should only be one), if you need to send someone a copy of a will but want to retain the original, a certified true copy means that a notary has confirmed that it is an exact copy. Sometimes, if an asset is not significant, the assets of an estate may be released with this notarized copy. This avoids the probate process. While not strictly proper from a legal context, it is sometimes allowed in lieu of a probate certificate (grant of probate or letters of administration).
There is much less confusion between probate certificates and death certificates. The death certificate is needed for applying for probate or Letters of Administration. It is the proof of death, including that the person has passed away and all the details pertaining to the where and when of their passing. While it is the only real certificate in the process it is not the actual document required.
Determining If You Need To Apply To The Courts For A Probate Certificate
We understand the stress and emotion that comes with the passing of a loved one. Our probate certificate lawyers in Calgary, Alberta can usually determine if you will need to make an application to the court or not. This usually only takes 5 to 10 minutes and we are happy to discuss your situation with you to help you know what your next step is at not charge. Call today to speak with one of our estate lawyers: 403-225-8810 or email us directly here today to contact us.