Probate and Estate Administration

Probate and Estate Administration Lawyer – Simplify the Process

Get clear, practical guidance to manage probate and estate administration smoothly.
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Understanding Probate and Estate Administration

Probate is the legal process by which your debts are paid, and your assets are distributed in accordance with your Will upon your death, or where there is no Will, in accordance with provincial laws.  Upon your death, your chosen Personal Representative/Executor, files your Will with the Probate Court and is granted the right to administer your estate by what is called a “Grant of Probate”.  If there is no Will, provincial legislation dictates who may apply for the right to act on behalf of your estate.

Estate administration includes the probate process as well as non-probate transfers of the deceased’s assets, payment of debts, accounting to beneficiaries and the Court for distributions.

Provincial laws direct how your representative must distribute your estate in the event you die without a valid Will.   These laws also dictate who will inherit.  This process can be time-consuming and expensive, so it is always preferable to have your wishes set out in a Will.

Laws and procedures vary from province to province.  If you are acting as a Personal Representative/Executor or Administrator for an estate, it is important to consult a lawyer with expertise in this area of the law to ensure that the deceased’s assets are distributed correctly.

Our counsel can can guide you through every step of the Probate process whether or not there is a valid Will, and we make sure that all time limits are met and documents are properly executed and filed.

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Client Success Story

I am from Calgary, Alberta and was in need of a Lawyer to help with the Estate of my Uncle who lived in Dartmouth. Laurie was recommended, and although we have never met in person, I am so grateful that she is the one who helped me through the process. With the many miles between us, she was very professional, and her guidance was something I required during the difficult time. I would recommend Laurie LaViolette to anyone who is in need of a good Lawyer. Thank You, Laurie!

Patricia

I used Ms. LaViolette services when I had to take care of Inheritance Order transfer from my birth country to Canada. Process was long and required singing a lot of documents, but Ms. LaViolette made it easy and comfortable for me & my husband, gave us her professional opinions in every step of the way and took care of every little detail to perfection. I received the money recently, and I’m very satisfied with the care she put into this process. Her price was fair considering the excellent results. My husband and I will not hesitate using her services in the future when needed! 5 stars!

Angela N.

Last June, (2017) Laurie helped me through one of the most unexpected, difficult times in my life. She was recommended to me, and I would most definitely recommend her to anyone who requires an amazing, understanding lawyer. I made a decision to file for a separation from my husband. Laurie was professional, yet empathetic, patient with me beyond belief, as I was distraught. She was attentive to all of my details, and requests and answered all of my questions in a timely matter. She has rich integrity as well through the emotional pangs I was dealing with.

In the new year, I reached out again for more help from Laurie with my will and health documents to ensure all was proper. She was genuinely happy for me that I was in a much better place.

Thanks to Laurie, for her patience, great negotiating skills, excellent communication skills, and genuine care and concern. I would highly recommend her. In fact, everyone at Legacy Law that provided help to me were very helpful and professional. It’s scary to think in life you will need a lawyer, and it’s scary also to be worried about finances. I can assure you that her, and her team, are worth every dime.

Lesley G.

Laurie handled the legal work for a recent home purchase (a private sale) and more recently my Will, POA, and Health Directive. Laurie is professional, and thorough. She has been my lawyer for many years and I trust her work and advice. I continue to refer friends and family to her!

Kelly L.

Laurie LaViolette has represented my company and me and my wife personally for several real estate transactions and contract matters, and she has always gone above and beyond our expectations. Ms. LaViolette explains every aspect of the transactions clearly and makes sure we know all of our options. I would recommend her to anyone wanting a lawyer who takes the time with her clients.

Stebran R.

FAQs

Is probate required if my loved one left no Will?

If your loved one passes away without a will in Nova Scotia, their estate still needs to go through probate. Instead of following a will, the probate court uses provincial laws to determine how assets are distributed.
For example, if Brian dies without a will, his family can’t simply divide his property themselves. They must apply to the probate court, and the estate will be divided according to Nova Scotia’s intestacy rules. This process can take longer and cost more than if Brian had a valid will.

How long does probate usually take in Nova Scotia?
In Nova Scotia, probate typically takes between six months to a year, depending on the complexity of the estate. Simple estates with clear instructions may take less time, while larger estates or those without a will can take longer due to court processes and paperwork.
What assets are not subject to probate in NS?

Certain assets in Nova Scotia can bypass the probate process and go directly to beneficiaries. These typically include:

  • Jointly owned assets with the right of survivorship – For example, if a husband and wife own a home together, the surviving spouse automatically inherits the property.
  • Life insurance policies with named beneficiaries – If a beneficiary is named, the payout goes directly to them without probate.
  • Registered accounts with designated beneficiaries – RRSPs, RRIFs, and TFSAs with named beneficiaries avoid probate.
  • Pension benefits – Employer and government pensions often pass directly to a surviving spouse.
  • Assets held in a trust – Property or funds placed in a trust are not subject to probate.

Other Services We Offer

Injury and Insurance

Laurie C. LaViolette represents clients who have injury and accident claims resulting from motor vehicle accidents, slip and falls, work related injuries, disability claims and more...
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Estate Planning

Estate planning allows you to provide for your family or heirs by creating a Will, making funeral arrangements in advance, appointing someone to act as your financial voice through a power of attorney...
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Estate Administration / Probate

Our team of lawyers can guide you through every step of the Probate process whether or not there is a valid Will and we make sure that all time limits are met and documents...
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Family Law

Laurie C. LaViolette has the experience and knowledge to assist you with family law matters. While the goal is to help you avoid litigation whenever possible by negotiating agreements, she is an experienced litigator as well....
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Civil Litigation

Litigation is the process of taking legal action through a proceeding or law suit. In addition to Injury and Insurance litigation, LaViolette Law represents both plaintiffs and defendants in other matters...
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Other Legal Advice

For clients who simply request legal advice on a particular issue, we conduct legal research, prepare memoranda and provide our professional opinion. We will meet with you to discuss our findings and prepare a written report as to our opinion.
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