Are you looking for a lawyer who knows Calgary probate law like the back of his/her hands? If so, you are in the right place now! Bastion Estate Law is the leading law firm for Calgary probate law.
Do All Wills Have to Be Probated by Calgary Law?
If someone has passed away, and you are the executor or the personal representative of that person, you are going to be taking charge of the estate. You may not know if you have to probate the will. Sometimes, the answer will be an automatic yes. This is if the deceased person owned real property, such as a home in their name. It could also be if they owned a property with someone else, but the property is Tenancy in Common. Also, if the deceased person had a bank account that is not joint with someone else or a large investment account, this would also apply. These are situations you can't get around!
What You Should Know About Calgary Probate Law
From a legal perspective, to be absolutely sure that no one can accuse you of giving the money to someone who shouldn't have gotten it, it is very important to get the will probated because probate process involves the courts ruling or dictating the last official will, the beneficiaries, and how the money gets distributed. You will want to make sure you have this confirmation on hand so that you don't get sued as the executor for failing to meet your obligations.
Without the court ruling, you might have a will, but you don't know if that will is the one or not the last one. It could have been three wills before the last one was made. Therefore, we need a process that allows everyone involved to know if they can rely on a will that's being relied upon. Why? Because Land Titles is not going to believe you if you go to them saying, "I promise this is the last will." You need the probate process!
Calgary Probate Law When There is No Will
The same can be said of bank accounts or other accounts with large sums of money. There may be some discretionary choices for a bank if it's a small sum, but if it's a large sum, the bank is going to want to know that they can rely on that will, and for that, you will have to go to the circuit court and go through probate.
If there is no will, the process is very similar. It's called Letter of Administration, and again, you go the clerk of courts and tell them that you are the person who is most appropriate to look after the state of the deceased and you are seeking a letter from the court so you can officially do it.
Contact Bastion Estate Law to Learn More About Calgary Probate Law
Sometimes, there are situations where it doesn't make sense to probate a will. If you have any questions, this is something that we can usually determine in a quick five to ten-minute conversation with you. We don't even charge for these kinds of consultations. Why not call a lawyer and make sure you get it right.