What is “Probating a Will’
and
Are All Wills Probated in Alberta
By Courtney Aarbo Fuldauer LLP, Lawyers
Probating a will is a procedure that occurs
after a persons death where the Executor named in the will submits the will to
the Court for review and approval.
Once a ‘Probate Application’ is submitted a
Judge will review the will to determine its validity, and other information
provided to the Court regarding the deceased, the family, the beneficiaries,
and the assets/debts of the Estate. Beneficiaries will also be notified about
the application.
Normally a Judge will then grant a ‘Probate
Order’ approving the will and the Executor’s appointment. In Calgary
Most, but not all Wills need to be
probated. If the deceased owned any interests in land that were not in ‘joint
tenancy’ with someone else, so that on death the land interest goes into the
estate, a probate must occur. Land Titles will not transfer a land interest in
an estate until there is a certified copy of Probate Order registered.
If there are any bank accounts or
investments of the deceased that were not being held in a ‘joint account’, or
for which a named beneficiary or the investment would on death automatically
receive the investment (an RRSP named beneficiary), then the will must be
probated before the bank or investment company will allow the Executor to
access the funds.
The rule of thumb really is that all wills
need to be submitted to the Court for a Probate Application, unless really
nothing of significant value goes into the estate on death because the deceased
was a pauper, or the deceased’s assets were all transferred to people outside
of the will through joint ownership or naming of beneficiaries on investment
documents.
We do recommend that when a will needs to
be ‘probated’, the Executor retain a lawyer. At Courtney Aarbo we will assist
in providing necessary advise to the Executor on how to administer the Estate,
we will prepare, serve, and file the Probate Application, transfer land
interests once the Probate Order arrives, assist with finalizing the Estate,
and be available for questions from Executors and Beneficiaries as the Estate
is administered. The approximate fee cost for this work on a normal estate is
between $2,500.00 and $4,000.00.
For more information contact Courtney Aarbo
Barristers & Solicitors at 3rd Floor 1131
Kensington Road N.W., Calgary Alberta ,
T2N 3P4 or
info@courtneyaarbo.ca or phone 403-571-5120.
Gary C. Courtney
Courtney Aarbo Barristers & Solicitors
- The information contained in this
blog is not legal advice. It should not be construed as legal advice and should
not be relied upon as such. If you require legal advise, please contact a
lawyer.
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