In Alberta, probate & estate law is the area of law that applies to the administration of the estate & property of the deceased. A probate lawyer can assist the executor or executrix of the estate with the probate process, and ensure documents are filed correctly and probate is granted so that the deceased’s property can be distributed as soon as possible and in accordance with the will.
Our Calgary, Alberta probate lawyers and estate lawyers can assist with the probate process and all aspects of estate administration.
At Davidson Fraese Family Lawyers, we can help you ensure that your loved one’s estate is administered correctly and respectfully, and all beneficieries are properly considered in the distribution of property.
Call today to schedule a free consultation with a Calgary probate & estate lawyer: 403-460-1230.
Before an estate can be finalized and property distributed, the Court must probate the deceased’s will. Probate is a legal process in which the will is reviewed to determine whether it is valid and authentic. In Alberta, the probate process requires the following:
If the probate application is granted, the estate and property can be distributed by the executor according to the deceased person’s will. Unless and until the will is probated, the estate cannot be finalized and property cannot be distributed.
Probating a will can be a complex and technical process. Errors in the application can result in lengthy delays. For this reason, the executor of an estate will normally retain a probate lawyer to make the necessary application and complete the process. Probate lawyers (often called “estate lawyers”) review the will and complete the necessary court documents in order to ensure the will is probated as soon as possible.
A probate lawyer can also assist with ensuring the deceased’s property is distributed in accordance with the will and in a timely manner following probate.
If no will exists, estate lawyers can help beneficiaries share in the distribution of property from the deceased’s estate. The process for finalizing an intestate estate (i.e. the distribution of property where the deceased has passed without a will) is similar to probate but different in some important ways.
As there is no will, property must be distributed according to Alberta law, through the courts. The court can grant letters of administration to appoint a person to finalize the estate. Beneficiaries will normally retain an estate lawyer to make the necessary court application on their behalf.
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We offer a free consultation as a way to find out whether we are a good fit for you, and vice versa. To schedule your free consultation, call our Calgary office at (403) 460-1230. Alternatively, you can get in touch online through our contact page.