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 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 are properly executed and filed.

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