Probating Out of Province Wills
Probating Out Of Province Wills In Alberta
When someone passes away, someone will often have to probate their estate. Probate is where the surrogate court looks at a will and essentially certifies that it is the last and official will of a person. This process also establishes who will administer the estate. Generally, the probating of a will occurs in the province where a person had most of their assets. Yet the assets that are out of that province have to be dealt with. These estates require dealing with in order to probate them in Alberta. The lawyers at Kahane Law Office in Calgary, Alberta help with these and all types of probate. In addition, we now have a law office located in Edmonton and also help with probate matters there.
Are Out Of Province Wills Valid In Alberta?
A wills validity will depend on many factors. For example, these factors include, the specific language used, how execution and witnessing occurred, who witnessed the execution, etc. Just because a will is drafted and executed outside of Alberta, does not mean that it is not valid. Further, just because a lawyer drafted a will, no guarantee exists to ensure its validity. Specifically, sometimes wills, lawyer drafted or not, lack the requirements for their validity. For example, a page is missing, the execution occurred incorrectly, the will used the wrong language, etc.. To be probated in Alberta, an out of province will needs to be valid in the jurisdiction where it was created. Therefore an invalid will created elsewhere, lacks standing here. In these cases, a requirement to apply for Letters of Administration sometimes occurs. Legally, this means the same as if no will existed at all.
Where The Will Probate Must Occur?
A will usually has the probate completed in the province where a person lived. However, this is by coincidence. Typically this is where the majority of their assets are. Therefor, from a practical standpoint, we encourage probate in the Province where most of the estate’s assets sit. Regardless of location, the ability to probate out of province wills exists in Alberta if most of the deceased’s assets are in Alberta. The same holds true of out of country wills. Since all our lawyers are members of the Alberta Law Society, this is the province their license allows them to practice law.
What If Probate Is Not Required In The Other Province
There are times where an estate does not require probating in the “home” province. This happens if a person sells all their assets that would require probate prior to death. Out of province wills may require probating if that person had an asset that required probate in Alberta. Most frequently, an out of province will requires probating in Alberta when the estate has real property (real estate : a home or land) in Alberta. Further, if bank accounts or investment account contain significant assets, the financial institution often requires probate.
The Process Of Probating An Out of Province Will
Where a will is probated in the “home” province, the process of probating an out of province will in Alberta is straight forward. The estate still legally requires an actual application to the court. In this case, the Alberta Surrogate Court then re-seals the the original grant of probate for legal recognition in Alberta. This means that the Alberta courts now give official recognition to the original grant of probate of the out of province will. The process of resealing an out of province probate is fairly fast and inexpensive. If you manage an estate, then contacting us to start the process sooner than letter is better for the beneficiaries.
The Process Where Out Of Province Wills Are Not Probated
Depending on the law and types of assets, not all estate require probate. In those situations where a will from another jurisdiction did not require probate in the home province, the process is different. In these situations, you need to apply for probate in Alberta. The steps for probating that will is the same as probating a will from Alberta. The Alberta courts issue a grant of probate that you then use to distribute the estate’s assets located in Alberta. The time for this type of probate takes a little longer. Expect a minimum of 4 months to probate the will that came from another province or country. Fortunately, this is a desk process which no requirement for an in person court hearing exists. This saves you time and money.
Knowing If You Require Probate In Alberta
The wills and estates lawyers at Kahane Law Office offer free consultations to determine if you need to probate an estate in Alberta. We also let you know if you need to re-seal the estate in Alberta. In order to reduce stress and confusion, we do this at no cost or future obligation. The fastest and easiest way to find out, is to send our team an email to the email address bellow. We usually have a few questions but get you the information you need in a business day or two. No further obligations to us exist. However, if you then require help to re-seal the original probate or apply for probate for the first time, we provide the help when you need it. Helping people is what we do.