Probate & Estate Administration
Guidance Through The Probate Process
Handling the estate of a deceased person can be a complex and emotional task. Our goal is to help you navigate the legal aspects of estate administration with clarity and support. The following sections provide an overview of estate administration, the probate process, and important considerations for executors and administrators.
Understanding Estate Administration
Estate administration involves managing the affairs of a deceased person’s estate, ensuring all assets are distributed to beneficiaries after settling taxes, debts, and liabilities. The person in charge of this process is called a “personal representative” or an executor. If there’s no will, or if the will does not appoint an executor, the court can appoint an administrator to manage the estate.
What is a Grant of Probate?
Probate is the process where the Supreme Court of British Columbia confirms the validity of a will. Probate also sets certain time limits for any will disputes. The need for probate can vary depending on the specific circumstances of the estate.
Is Probate Necessary for All Estates?
Not all wills need to be probated. Whether probate is required or recommended depends on various factors. For example, probate is often required by banks and other institutions to unfreeze the deceased’s accounts. If the estate has real estate, probate is necessary to transfer or sell the property. There can be other legal reasons to obtain probate. A probate lawyer can help you determine whether probate is necessary or desirable.
Key Considerations for Executors
If you’ve been named an executor in a will or are thinking about applying to be an administrator of an estate, be aware that these roles come with significant responsibilities. As an executor or administrator, you may be liable for certain aspects of the estate. Before taking on this role, seek legal advice to understand your duties and responsibilities fully.
Duration of the Probate Process
The duration of probate varies from estate to estate. It can be lengthy and time-consuming, especially if the estate is complex, has many assets, or if beneficiaries contest the will. Each case is unique.
Identifying Complex Estates
Several factors can make an estate complex, such as high value, diverse assets (like personal effects, bank accounts, investments, real estate, shares in private companies, or life insurance), or numerous or missing beneficiaries. Complexity also increases if beneficiaries contest the will or the proposed distribution of assets.
Handling Estates Without a Will
If there’s no will, the Wills, Estates and Succession Act (WESA) determines how the deceased’s assets and liabilities are handled. The process for obtaining a grant of administration differs in these cases. For matters involving intestacy (dying without a will), it’s advisable to speak with a lawyer.
Contact Us for Guidance
Navigating the complexities of probate and estate administration can be overwhelming. Our experienced team is here to guide you through every step of the process. Schedule a consultation with one of our knowledgeable estate lawyers today to discuss your unique needs and ensure the estate is handled with care and expertise.
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