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. A will us usually probated 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 can help with these and all types of probate.
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. To be probated in Alberta, an out of province will needs to be valid in the jurisdiction where it was created.
Where Must A Will Be Probated
A will is usually probated in the province where a person lived. Typically this is where the majority of their assets are. Regardless of location, out of province wills can be probated 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. An out of province will may be probated 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. An application to the court is still required. In this case, the original grant of probate is re-sealed 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.
The Process Where The Out Of Province Will Is 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 will issue a grant of probate that can then be used to distribute the assets in Alberta. The time for this type of probate takes a little longer. Expect a minimum out 4 months to probate the will that came from another province or country.