Grant Of Probate
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Trusted Grant Of Probate Lawyers In BC
A grant of probate is necessary to distribute an individual’s assets after their demise. It is a legal order that allows the appointed executor to settle their debts and distribute the net assets among the beneficiaries. If your loved one has left a will for you and your family members, our lawyers at Cube Law will help you receive the probate grant and streamline the probate procedures.
Why Is The Grant Of Probate Important?
The grant of probate provides the will executor with the authority to carry out the deceased person’s estate management wishes. The probate grant protects anyone responsible for handling large sums of money and large-scale assets (including the executor).
If an individual passes away without a will, their loved ones must obtain a Grant of Letters of Administration.
When Should You Apply For A Probate Grant?
You should apply for a probate grant if your loved one has one or more of these assets in their name:
Real estate property/properties
Hefty bank accounts
Diverse and high-value investment portfolios
Any asset requiring legal evidence for you to manage/own
This does not apply to the trust a deceased individual created beforehand and transferred their assets therein. You will also not need a grant for probate while dealing with joint ownership properties.
Our Grant Of Probate Services
Drafting Probate Application
We make the probate process simpler for you by drafting the application on your behalf. The process of obtaining a Grant of Probate from the BC Supreme Court begins with filing the application.
Our lawyers will analyze the will and gather all the necessary information about the deceased person, beneficiaries, and executor to make your probate application.
Our probate lawyers in BC also prepare the necessary court forms like the Submission for Estate Grant, Affidavit of Assets and Liabilities, Affidavit for the Executor, and more.
Managing Estate Assets And Liabilities
A deceased person’s estate generally contains the assets to be distributed to the beneficiaries and the liabilities to be paid off. Our lawyer supports the executor responsible for managing the estate.
From listing the details about the estate to settling debts and distributing the balance, our lawyers provide legal and administrative help to the executor. We also help executors file the final estate tax returns as per the Canada Revenue Agency (CRA).
Guidance For Executors
Executors play the biggest role during the probate process in BC. They file for a Grant of Probate, settle the debts, and distribute the assets.
If you are an executor and need help navigating a long and complex procedure, our probate lawyers in BC will guide you at every stage.
Some of our services include:
- Explaining your legal obligations according to the WESA
- Interpreting the will and explaining specific clauses
- Help with asset distribution, debt settlement, and record keeping
- Communicating with the beneficiaries before, during, and after receiving the Grant of Probate
Estate Litigation And Dispute Resolution
It is possible for estate disputes to arise even after a carefully planned probate process and a fairly precise will. Our probate lawyers help you resolve issues through negotiation, arbitration, mediation, or litigation.
Whether you are struggling with will contention, unfair wealth distribution, or cases of forced statements, we will represent you in the BC court if needed. While our lawyers try their best to resolve disputes with mutual understanding, they will help you fight it out in the court of law.
Frequently Asked Questions
A probate grant is needed to authenticate an individual’s demise and the appointment of an executor responsible for managing their wealth. It gives the concerned executor administrator the power to pay off debts and distribute the remaining assets to the beneficiaries as per the will (if present).
It all starts when the executor gets hold of the original and authentic copy of the will. They should then hire an experienced lawyer to help them file an application and follow the legal steps involved in obtaining their probate grant. The lawyer will then guide the executor with filing an application, which the court will review before granting probate.
Not having a will can be risky, as your family members will not have an authentic and legal document to rely on when it comes to estate management after your demise. If you want to avoid the lengthy probate process, you can opt for other estate management and wealth distribution means, like setting up a family trust.
The process of receiving a Grant of Probate can take around 3 to 6 months. The entire process may take anywhere from 8 to 12 months. Complicated cases may also take longer.
They can do so if the estate’s value is under $25,000. Otherwise, they will need to go through the probate process in BC before distributing the deceased person’s wealth. Moreover, they will need to settle the debts before the balance asset distribution as per the will.