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Probate Lawyer in Edson

The Probate Process in Edison

If you have recently lost a loved one who has left behind a will, that will must go through probate to establish its validity.

In short, the word ‘probate’ means to prove or validate. The deceased person’s will, though it may name a person in your family as an executor, still needs to be proven as legitimate by the court. The court needs unquestionable certainty that the will is the last will of the testator (the deceased person who made the will).

Alberta Probate Laws: When Does a Will Go Through Probate?

Why is probate required? Often it is demanded of the executor to go through probate by either banks or other financial institutions who hold the deceased’s assets. The financial institutions and holders of the deceased’s assets want to ensure that the will in question is valid before they grant the executor access. It is important to confirm the validity so another will doesn’t appear in the future.

Other instances where one would be required to probate a will include:

  • There are questions about the authenticity of the will, or there is no will whatsoever.
  • There is a very substantial amount of funds and assets in the deceased’s name.
  • Assets, real estate, and bank accounts are in the name of the deceased person only.
  • The deceased has no surviving spouse.

Does Probate Require a Probate Lawyer?

Verhaeghe Law has assisted many Edison residents with family wills. Even when it might not seem necessary at first, people often seek out the counsel of legal professionals who are familiar with estate law and the probate process. Probating an estate can prove to be immensely difficult, and if someone finds themselves named as the executor of an estate, the work required can become quite burdensome. When one is already having to navigate life after the passing of the deceased, having the extra work of probating a will can lead to many errors that a probate lawyer could easily avoid.

One of the benefits that comes with hiring a probate lawyer is that the executor is not the one responsible for legal fees. The estate in question winds up paying for any legal counsel and the various expenses.

Grant of Probate: How Long Can it Take?

Obtaining the Grant of Probate by the courts in Edison can take months. Though if an estate is quite small and only consists of one bank account, one property, and no vehicle, the probate can be granted by the courts quite quickly. If it has been demanded that a will be probated, it is likely that the wealth of combined assets is quite significant.

In some of these cases, probate can be granted in several months. For other cases, probate may not be granted for over a year. If you work with Verhaeghe Law, we make sure your family’s estate is in probate for as little time as possible.

If you have any questions regarding a loved one’s will, call Verhaeghe Law today.