How to Probate a Will? | Diamond & Diamond Real Estate Lawyers
  • Thursday, 02 March 2017

How to Probate a Will

What You Should Know About How to Probate a Will 

Once you have taken the essential steps in order to plan your estate after consulting with a knowledgeable Ontario attorney, it is necessary for the courts to validate or prove your will. This is described in the term known as: probate a will.

The court will carry out this procedure of determining whether or not your will is valid, and created by the individual who has passed away.

The probate a will process additionally confirms the individual who is named as the executor in the will. The letters probate or the executor’s documents will be given by the court to the executor as validity of his or her authority and ability to manage the estate.

Your planning ahead and understanding of the process ultimately benefits not just you but also your beneficiaries.

When is Probate Triggered?

The beneficiaries, the type of the assets and the will itself determines when probate is needed.

Frequently, the will is sufficient in order to name an executor and all the authority necessary to settle the estate.

In the event that the administration of the estate could take a few years, the executor should obtain letters of probate as soon as possible. This names his or her official recognition for managing the testator’s estate.

The executor might even require this proof to recover funds associated with the testator or transferring particular assets in line with the deceased individual’s will.

Letters of probate may also be essential in the event that the executor believes that someone may contest that individual’s right to manage the estate.

How to Get the Letters Probate

The individual asking for letters probate is responsible for submitting an application to the clerk of the probate court.

This can occur in any judicial district in which the testator was living before passing away or a district where deceased individual owned property. There may be certain fees requested, paid to the probate court for the letters probate.

These are outlined in the regulations for the probate court act. If a lawyer submits the application for these papers, the estate is also responsible for paying the lawyer’s fee and this is outside of the probate fee.

In the event that an individual passes away without a valid will, the probate court has to appoint an individual to act as administrator of the estate.

The court will make this appointment when someone qualified to act in such a capacity submits an application. Typically, this is a family member or a close friend of the deceased.

The administrator plays a role similar to someone serving as a will executor, so it’s important to understand how these roles work during the probate a will process.

First of all, the administrator must collect any money the estate is due at the time of the individual’s death. Then, he or she uses these funds and money inside the estate to make income tax payments and other debt payments.

Once this process is complete, the administrator has to sell any assets within the estate and distribute them according to the Devolution of Estates Act.

If no one has been named as administrator and no person steps forward to play this role, then the court may take action and appoint someone to serve in this capacity.

The individual appointed will step forward and manage the estate administration as listed above.

Knowing what to expect in the probate a will process within your province is beneficial for approaching the estate planning process itself.

A lawyer can help you identify the different tools and strategies you might use to plan ahead and empower your loved ones to make informed decisions on your behalf.

Leave a Reply

 

Get the help you deserve

1-800-567-HURT

Call NOW for a free consultation

Diamond & Diamond Ontario Head Office

255 Consumers Road, 5th Floor, Toronto, Ontario

>> Learn More

Diamond & Diamond Alberta Head Office

4246 97 Street NW, Unit 100, Edmonton, Alberta

>> Learn More

Diamond & Diamond British Columbia Head Office

1727 West Broadway, Suite 400, Vancouver, British Columbia

>> Learn More

Barrie

17 Poyntz Street

Brampton

341 Parkhurst Square, Suite 5

Calgary

1331 Macleod Trail SE, Suite 420

Edmonton

4246 97 Street NW, Unit 100

Hamilton

105 Main Street East, Suite 1500

Kelowna

1631 Dickson Avenue Suite 1100

London

256 Pall Mall St, Suite 102

Oakville / Mississauga

2939 Portland Drive, Suite 200

Oshawa

50 Richmond Street E, Unit # 108 B

Ottawa

955 Greenvalley Crescent, Unit 315

Sudbury

31 Larch Street, Unit 300

Surrey

1104 – 13737 96 Ave, Surrey, BC V3V 0C6

Thunder Bay

278 Algoma Street South

Toronto

255 Consumers Road, 5th Floor

Vancouver

1727 West Broadway, Suite 400

Windsor

13158 Tecumseh Rd. E. Unit 3B