Probating a Valid Will (as distinguished from Administration)
Neufeld Legal P.C. can be reached by telephone at 403-400-4092 or email Chris@NeufeldLegal.com
Probate and administration can be exceedingly challenging undertaking for any individual who has lost a dearly departed member of their family (be it a spouse, parent or other relative), such that tackling the legal requirements set forth in the law and by the courts can prove exceedingly daunting. It is at such times that you should be looking for the assistance of a capable probate lawyer to navigate you through the process, whether as the executor / trustee or as a beneficiary, such that the deceased's estate is properly administered and you are legally protected through this process. For the last thing that anyone wants is to be caught up in an entirely new legal mess that is the result of not seeking out appropriate legal representation and direction.
What is Probate?
Probate is the formal judicial process that provides Court recognition to a valid will and appointment of the executor or personal representative who will administer the decedent’s estate, settle their debts and liabilities, and distribute their assets to the intended beneficiaries.
Every jurisdiction has its own set of laws and rules related to probate and administration, such that it is strongly advised that you consult a lawyer admitted to practice in the relevant jurisdiction to determine whether probate (or an alternate Court process, such as administration) is necessary, and what specific actions must be undertaken.
Contrary to the claims of many vendors selling living trusts and other sophisticated estate planning products, most probate proceedings are neither expensive nor prolonged.
In Alberta (2023), probate fees payable to the Alberta Court of King’s Bench range from a low of $35 to a high of $525 (for estates with a net property value exceeding $250,000), plus lawyers’ fee, whose process of probating a will has been significantly streamlined and is far more efficiently undertaken with Alberta’s online Surrogate Digital Service.
Also, even though such estate planning strategies might avoid probate for specific assets, there might well be assets in the estate that require probate or circumstances could arise where the supposed probate avoidance strategy does not avoid probate.
Furthermore, the fact remains that that the core administrative and accounting work necessary to deal with the decedent’s estate, including resolving their debts and liabilities and collecting and distributing assets, must be undertaken irrespective of proceeding through probate or probate-avoidance strategies, such as living trusts, joint ownership and other more sophisticated estate planning techniques.
Many probate-avoidance strategies can prove quite expensive over time, given that the step-up cost alone can be quite significant, with ongoing maintenance costs and further costs incurred at the time of death. However, where these strategies have other estate planning purposes, they can prove highly beneficial for those particular purposes.
As such, avoiding probate can actually prove more costly than focusing on substantive issues tied to settling one’s estate and distributing one’s legacy to one’s intended beneficiaries, including (i) relinquishing control over one’s assets, (ii) making subsequent changes and alterations as to how those assets are dealt with, and (iii) avoiding future inheritance disputes and court litigation.
Contact our law firm today to learn how our legal team can help you with the legal demands following the death of a loved one, from probating the decedent's last will & testament to administering an estate where the decedent did not have a valid will. Contact our law firm at 403-400-4092 or via email at Chris@NeufeldLegal.com to schedule a confidential initial consultation.
IMPORTANT NOTE: This website is designed for general informational purposes. The site is not designed to answer specific questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice. If you want specific legal advice, you need to engage a lawyer under established legal engagement procedures that have been specifically agreed to by that lawyer.