Probate is a process in which property is transferred from someone who has died to the beneficiaries in that person’s will. Probate involves proving that there is a valid will or, if there is no will, who the legal heirs to the estate are. Probate gives everyone involved the assurance they need to act on the instructions in the will or to otherwise disperse the estate.

Probate is a long and sometimes expensive process. Even if you have a will, your property can be held for many months, even up to a year, if a third party requests probate. In some provinces, the government probate fees or taxes are equal to a percentage of the value of your estate and will be paid out of the estate before beneficiaries are paid. In Alberta, the maximum amount of probate tax charged by the government is $1,400.

Going through probate does offer some protection for the executor of the will. After probate, the executor or estate trustee cannot be held liable for any estate losses because the court has given that person authority to act for the estate. Without probate, the executor may be held personally liable for losses.

As experienced probate lawyers, we can guide you through the probate process and help ensure that it’s as painless as possible.

Why Go Through Probate?

Usually you have no choice. Banks and other financial institutions often require you to go through probate so they know that the will is valid and they are not going to be surprised by another will later on.

Probate isn’t always necessary, especially for small, straightforward estates. If there are third parties involved, such as financial institutions or the land registry office, you will have to contact them to find out whether they will allow you to forego probate and, if so, what they will need to get assurance.

Probate Fees

The Law Society of Alberta has suggested fee guidelines for probate lawyers’ core legal services. These suggested fees consist of a base fee and an estate value fee based on a percentage of the estate. Although these guidelines are not mandatory, they are used by many probate lawyers.

Our approach is different. We feel we can provide you with better value by basing our fees on the complexity of your situation, rather than the value of the estate. In many cases our fees are significantly lower than the suggested guidelines.

Call us today for a free, half-hour consultation and make us your probate lawyers.