NAVIGATING THE ESTATE ADMINISTRATION AND PROBATE PROCESS

Probate Lawyers in Calgary

After the passing of a loved one, administering their estate should be the least of your worries. If you are the Executor of an estate, our Calgary probate lawyers can save you time and simplify the probate and estate administration process. If you are a beneficiary of an estate, our lawyers will answer your questions regarding the distribution of the estate and help you to consider your legal options.

Suppose your loved one arranged for a Will before their passing. In that case, their Executor may need to probate the Will before they can manage and distribute the deceased’s assets among the beneficiaries. In Alberta, the probate process verifies that a Will is authentic and enforceable.

If your loved family member or friend dies without a Will, this means that they passed intestate. Likely, you will need to become a Personal Representative of the estate to receive a Grant of Administration. Only then will the Personal Representative have the authority to manage the deceased’s assets and distribute the estate among its beneficiaries.

We understand that this is a very hard and frustrating time in your life. Our Calgary probate lawyers will do our best to help ease any unnecessary stress.

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probate administration
The Probate Process
GRANT OF PROBATE AND LETTERS OF ADMINISTRATION IN CALGARY

Probate and administration of the estate is a challenging task, and it is vital to have a trusted estate lawyer to navigate you through all the formalities. A probate lawyer will help you probate a Will, receive legal authority to administer an estate and understand the intricacies of estate management. If you do not have a Grant of Probate, you may not be granted access to the assets of the deceased.

APPLYING FOR PROBATE OR ESTATE ADMINISTRATION

When you are ready to get started with your probate application, please reach out to us to discuss your strategy. We will review the Will and personal situation of the deceased to determine who is the Personal Representative (or the Executor), who are the beneficiaries (or the recipients of the estate), and how the estate assets are to be distributed.

We will discuss your situation with you, help you decide if Probate or Letters of Administration are required, and advise you generally on your role as Executor or Personal Representative.

APPLICATION FOR PROBATE IN ALBERTA

Once we have a good grasp of your situation, our Calgary probate lawyers will take approximately 10-14 business days to prepare the Grant of Administration or Probate application as per your instructions. We can ensure your application is completed appropriately and succeeds without delays.

Upon filing, the judge will review the application and decide if the Letters of Probate or Administration can be granted so that the Executor or Personal Representative can receive the legal authority to administer the estate. The timeframe for this step can vary but in Calgary, it currently takes approximately 4 months.

DO YOU NEED PROBATE OR LETTERS OF ADMINISTRATION

When you are ready, please reach out to us to discuss your estate administration strategy. We will review the Will and personal situation of the deceased to determine who is the Personal Representative (or the Executor), who are the beneficiaries (or the recipients of the estate), and how the assets are to be distributed. We will discuss your situation with the goal of deciding if Probate or Letters of Administration are required. We will also advise you generally on your role as Executor or Personal Representative. If you cannot visit us in person, we are happy to assist you online or over the phone.

WHAT DOES PROBATE COST?

In Alberta, government probate fees are charged based on the value of the estate. Probate costs will be paid out before the beneficiaries get their shares in the estate, so you will not have to worry about paying out of pocket.

As prescribed in the rules of the Surrogate Court, the costs of getting a Grant of Probate or Letters of Administration from the court range from $35.00 for estates valued at $10,000.00 or under, to $525.00 for estates valued over $250,000.00.

In addition to the Alberta government probate charge above, most estates usually have other probate costs, such as fees to Executors, lawyers, and accountants. Because probate work is complicated and time-consuming, Executors are entitled to compensation for their efforts. Executor’s compensation can be prescribed in the Will, agreed upon by the beneficiaries, or directed by the Surrogate division of the Court of Queen’s Bench.

Working With Probate Lawyers To Complete Your Application
DLEGAL ESTATE ADMINISTRATION AND PROBATE LAWYERS IN CALGARY

At DLegal, we understand that the death of a friend or family member is a challenging and frustrating time in your life. Whether an estate is complex or straightforward, one needs to devote a considerable amount of time and make multiple steps to access and divide it appropriately. Let us ease any unnecessary stress and make the process run more smoothly.

Our estate lawyers are here to help probate a Will, assist with Letters of Administration, explain how best to approach an estate administration, and advise on the rights and obligations of Executors, Personal Representatives, and beneficiaries concerning the estate.

At DLegal, our probate lawyers keep clients at the center of our work and provide practical and honest guidance through the Estate Administration Act and probate process. We offer flat rates which are based on the value of the estate. We believe when you know your legal costs from the beginning, you can look forward peacefully and plan your expenditures.

How Probate Works in Calgary
IS PROBATE REQUIRED IN ALBERTA?

You do not need to probate simple estates or when assets of a deceased pass outside of the estate. However, if an estate is complex or contains registered assets or expensive property then probate will be required. One may need to probate a Will if the estate contains shares in public companies, real estate or bank accounts held solely by the deceased. Another reason might be if the Will is controversial.

Our probate lawyers are here to help you understand whether you need a Grant of Probate to administer the deceased’s estate.

HOW LONG DOES PROBATE TAKE?

Upon filing, the judge will review the application and decide if the Letters of Probate or Administration can be granted so that the Executor or Personal Representative shall receive the legal authority to administer the estate. The timeframe for this step can vary but in Calgary, it currently takes approximately 4 months. Learn more here.

HOW TO AVOID PROBATE?

A thorough estate plan can help avoid Probate or limit Probate paperwork. However, there is a common misconception about the Probate process and costs associated with it. A Calgary probate lawyer will tell you that the costs of Probate in Alberta are actually not high compared to other provinces, and the process is not excessively time-consuming.

In many cases, it is not worth the efforts or downsides to avoid probate in Alberta. For example, if you add an adult child to the title of your home or your bank account, you could be putting yourself at the risk of claims against your property from your child’s creditors or spouse, tax issues, family disputes, or loss of control over the property.

DO I NEED A PROBATE LAWYER?

No, you are not legally obligated to work with one. However, most people find it wise to partner with a probate lawyer nonetheless. When applying for Probate on your own, you will save on legal fees and supervise the application process yourself. However, it can be time-consuming if you do not have prior experience with it. Judges approach probate applications with a fine-tooth comb and may return your application for corrections multiple times.

More importantly, Executors of Estates and Personal Representatives have personal liability for the proper administration of the estate. When you trust your Probate to reputable estate lawyers, you will save time and receive competent advice and guidance.

Our Probate Lawyer Fees

Probate and Estate Administration

Probate/Letter of Administration $1295 + 1% of net value of estate

Flat rate does not apply to complex situations, does not include GST, probate filing fee, and extra services.

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Lawyer & Notary
Anna Dunaeva

Anna perpetually works to surpass her clients' expectations. Through continuous communication, Anna delivers on her commitment to keep clients at the centre of her practice.

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