Probate Lawyer in Calgary
Here to solve your problems
About Our Probate Law Firm
Navigator Law LLP can help you navigate through the probate process. Being a Personal Representative (executor) or Administrator of an estate can be a stressful and time-consuming job at a very difficult time in your life. Let our law office give you peace of mind by providing you with legal advice on probate in Alberta and guiding you through the intricacies of probate law and estate administration.
WHAT IS PROBATE?
Probate assures certain third parties such as financial institutions of the validity of the will or appointment and your authority to distribute the estate assets.
Estate assets may include certain bank accounts, investments, or real estate. Whether a grant will be required or not depends on the type of estate assets. For example, a bank will often require a grant when an account balance is over a certain amount. A grant is always required if the deceased was the only person registered as owner on a Land Title.
Grant of Probate (With a Will)
In circumstances when a valid will is present and executors are named, a grant of probate may be issued. Grant of probate is the process where the court recognizes the authority of a Personal Representative in a will to deal with the assets of the estate.
Grant of Administration (Without a Will)
A grant of administration is a court order that appoints a Personal Representative to manage an estate. This type of grant is required when there is no valid will.
Intestacy (Without a Will)
Intestacy refers to when a person dies without a valid will. In this case, an application for the administration of the estate is required. The closest next-of-kin may apply to administer the deceased person’s estate when there is no valid will.
THE PROBATE PROCESS
The process for an application for a grant of Probate or Administration is quite similar.
What is a Probate Lawyer?
Estate law allows for a Personal Representative to hire a lawyer, trust company, accountant and financial advisers to help advise on the probate and the estate administration process.
Probate Lawyers can help you through the legal process of applying for a grant of Probate or Administration, settling the affairs of a deceased person, and finalizing an estate. Having an experienced estate lawyer by your side is a cost-effective way to prevent legal complications such as a will being drafted incorrectly or disputes arising among beneficiaries.
Our Probate Lawyer Services
At Navigator Law, our Calgary probate lawyers have extensive experience working with personal representatives to support them through the probate and estate administration process.
We can help you through the probate application process by listing all of the required documentation for your application, drafting the application documents, serving all notices according to legal requirements, and submitting your application to the Court.
Our probate lawyers can help through the process of obtaining the grant of probate or grant of administration as well as advise you on the duties and responsibilities of an Executor or Administrator. Many people also choose to hire a lawyer to manage the estate administration, especially when there are many beneficiaries involved. In this case, our experienced lawyers are happy to take on the administration of the estate.
When probating an estate, it’s not uncommon for disputes to arise among the Personal Representative and the beneficiaries. When issues are too complex for individuals to resolve on their own, or even with a lawyer acting as a mediator, estate litigation may be necessary. We can help you through the process of estate litigation or alternative dispute resolution methods.
How a Probate Lawyer Can Help
Probating an estate can be a long, time-consuming, and stressful process. With thorough estate planning and professional legal advice from estate lawyers, estate administration and probate can be simplified. However, if the deceased has not completed this planning, this can add to the time commitment and complexity of the Personal Representative/Administrator role.
Dealing with all the practical matters of estate administration can be difficult when grieving the loss of a loved one. The Personal Representative must carry out many complex duties and can be held liable for any losses to beneficiaries if the estate is not distributed correctly. It is a good idea to seek legal advice from a probate lawyer or law firm that can take on some of the workload and help you prevent legal issues such as estate litigation.
From wills and estates to family law and tax law, Navigator Law has the necessary expertise to give Personal Representatives or Administrators support with legal advice and probate services.
Contact a Calgary Probate Lawyer Today
Are you a potential Executor or Administrator? You may qualify for a free consultation to discuss the intricacies of an application. As probate lawyers in Calgary, we can provide you with clarification of whether Probate is beneficial or necessary in your particular case.
At Navigator Law, LLP, we do not charge a percentage of the estate as fees; however, a retainer is required after we estimate the complexity of the application. The retainer is based on the lawyer’s hourly rate, as we feel a time-based fee is the fairest way to reflect the value of the legal services provided.
FREQUENTLY ASKED QUESTIONS
Yes. In Alberta, it is possible to probate a will without a lawyer. However, the process can be very time-consuming and stressful and you may be held liable if the estate is not distributed correctly. A lawyer will help you gain control over the estate administration process and save you time and money in the long run.
Depending on the type of assets in the deceased’s estate, probate might not be required. If the estate includes bank accounts exceeding a certain balance, banks usually require probate. Also, if there is property in the estate without a joint tenant on the title, Probate is required to sell the property.
In Alberta, there are no estate taxes. The maximum court filing cost is currently $525.00. If the deceased is an Alberta resident or their property is in Alberta, the only other costs associated with probate are legal and other professional fees.
Probating an estate usually takes 4 months at a minimum. With complicated estates that have many beneficiaries, the probate process can take a year or longer.
From the date of the grant of probate, an executor typically has around one year to distribute the property to the beneficiaries.