Probate Lawyers Edmonton

Dealing with the loss of a loved one is never easy, and the legal process that follows can add to your emotional and financial stress. Sometimes, probate will be necessary following the passing of your loved one to ensure their estate is managed and distributed according to their will.

At Verhaeghe Law, our experienced probate lawyers in Edmonton are here to guide you through the probate process with compassion and professionalism. Whether you need help assessing the contents of a preexisting will or require guidance when it comes to intestate succession, our team can help. Contact us today online or call us at (587) 410-2500. 

What is Probate?

If you have recently lost a loved one who has left behind a will, the will may have to go through probate to establish its validity. In short, the word ‘probate’ means to provide or validate. The deceased person’s will, although it may name a person in your family as an executor, must still be proven as legitimate in court. This means that the court needs to have unquestionable certainty that the will is the last will of the testator (the deceased person who made the will). 

Probates are unique to each case, and the process may depend on the size and complexity of the estate in question. However, some common steps of the probate process include:

• Filing a petition with the court to open probate and appoint an executor or personal representative
• Notifying heirs and beneficiaries of the deceased’s passing and upcoming court hearings
• Taking inventory of and appraising all assets owned by the deceased at the time of their death
• Paying off debts, taxes, and other owed expenses from the deceased’s estate
• Distributing remaining assets to heirs and beneficiaries according to the will’s instructions
• And more

If there is no valid will, the estate will be handled under Alberta’s Wills and Succession Act, and the court will appoint an administrator to distribute assets. This process is known as intestate succession. Our probate lawyers in Edmonton can assist you whether there is a valid will in place or not, ensuring that the entire process runs smoothly.

Why is Probate Necessary?

Probate can be a lengthy and challenging process, so you may wonder why it’s necessary. Often, the executor of an estate must go through probate before banks or other financial institutions that hold the deceased’s assets will grant them access. 

Generally, probate serves to:

• Validate the deceased’s will, ensuring their final wishes are adhered to
• Protect against fraud by requiring court supervision and documentation of all financial transactions related to the estate
• Allow creditors to make claims against the deceased’s estate, ensuring that debts are paid off properly

Without probate, there can be disputes between family members and others who feel entitled to a portion of the deceased’s assets. In addition, when there is no court oversight, there is a higher risk of fraud or mismanagement of an estate’s assets.

How Long Can a Grant of Probate Take in Edmonton?

A grant of probate is the legal process that confirms that the will meets all legal requirements set out by the province of Alberta. It ensures that all property, land, and financial assets can be released from the institutions that hold them. For example, the Land Titles Office will not transfer any land from a deceased person to a beneficiary without a certified probate. The same goes for investments, bank accounts, and many other assets. 

Obtaining a grant of probate from courts in Edmonton can take weeks or months. The length of time a grant takes to process may depend on the size of the estate. If it is quite small and only consists of one bank account, one property, and no vehicle, probate may be granted by the courts more quickly. 

If it has been demanded that a will be probated, the amount of combined assets within the estate is likely quite significant. In some of these cases, probate may take several months to be granted. In others, probate may not be granted for over a year. 

How Can Verhaeghe Law’s Probate & Estate Lawyers Help You?

Navigating probate can be overwhelming and confusing, especially when you’re grieving. Verhaeghe Law is a trusted name in Edmonton that offers experienced probate services. Our probate lawyers can guide you through the process and provide valuable support along the way. At Verhaeghe Law, our team is always available to help with tasks such as:

• Filing the paperwork necessary to open probate and appoint an executor
• Communicating with the court, creditors, and other parties involved in the probate process
• Reviewing and valuing assets to ensure they are accurately accounted for in the estate
• Negotiating and resolving any disputes that may arise between heirs or beneficiaries
• Ensuring that all legal requirements are met, including deadlines for filing taxes and distributing assets

Working with our Edmonton probate lawyers is a great way to navigate the probate process confidently and help ensure that the deceased’s wishes are carried out according to their will. 

Have Questions About a Loved One’s Will? Speak to Our Edmonton Probate Lawyers Today

If you need assistance with the probate process, contact our team at Verhaeghe Law today. Our experienced probate lawyers in Edmonton are here to provide the guidance and support you require to navigate probate. Whether you need to validate an existing will or you’re wondering what to do if no will exists, we’re here to help.

Contact us today online or call our Edmonton office at (587) 419-2500. When it comes to estate planning and distribution, our legal professionals are ready to get in touch and schedule an appointment to discuss your options.