If you have recently lost a loved one, or you are a Personal Representative (also known as an executor, executrix, trustee, or administrator) named in a will, you may require the services of a probate lawyer, also known as an estate lawyer. Probating [hyperlink to probate page] a Will is the process of validating a will in a court of law so that it is certain that the Will is authentic and accurate. When loved ones pass, there are often many relatives and dependents who have an interest in ensuring the proper and fair distribution of the deceased’s assets. Probate helps make that process open and transparent so that all concerned are satisfied that the deceased’s last wishes are known and followed. Another purpose of the Grant of Probate is to certify who has control over the deceased’s estate. In Alberta, that person is called the Personal Representative. Most times, the deceased has named a Personal Representative in his or her will, but in certain cases, such as when no will exists, it may be necessary for a Court to determine who to appoint as Personal Representative. In other cases, there may be no Personal Representative named in the will, or the named person is unwilling or unable to do it. In those cases, the Court can appoint an Administrator to deal with the deceased’s estate, in place of a Personal Representative.
Making the probate application to the Court is an important step in probating the will, and an experienced probate lawyer will help you through this complex process, including getting a Personal Representative or Administrator named. Probate lawyers help you settle an estate, which includes identifying and distributing all of the deceased’s assets, paying debts and taxes, paying inheritances, and providing for care of the deceased’s dependents. Those who are entitled to share in the deceased’s estate are called beneficiaries and must be paid in accordance with the will. In Alberta, it normally falls to the Personal Representative to handle this, and an experienced probate or estate lawyer helps ensure that the process is done correctly, relieving the burden of doing complex legal work on your own. If you have questions about applying for a Grant of Probate, a Limited Grant of Probate, or getting a Personal Representative or Administrator named, call or email us today for a free consultation.