A Northwest Calgary Law Firm
When a loved one passes away, you may be seeking to hire a probate lawyer. A probate lawyer in Calgary is a lawyer who works in the field of estates as a practice area. He or she will have significant training, including continuing legal education, and years of experience to handle estate matters in court. The lawyer will provide representation, advice, mentoring, and may already have significant successful estate litigation experience.
Why Is a Grant of Probate Needed?
Usually, the land registry office, financial institutions and other advisors require a Grant of Probate before dealing with estate assets.
Who May Hire an Estates Lawyer?
It is usually an executor needing a Grant of Probate that hires an estates lawyer. Often the same lawyer or law firm who prepared the deceased’s Will is contacted to prepare the court filings needed and assist with the estate administration, though hiring the same lawyer is not a requirement. An estates lawyer can also be hired by one or more beneficiaries or heirs who are concerned about the validity of a Will and/or their entitlement. Sometimes, a financial institution that is named in a Will as executor or acts as an agent to the executor will hire a local probate lawyer to prepare, file and obtain the letters of probate from the court.
What Is the Scope of Estate Lawyer’s Role?
The estates lawyer that is hired can take the executor (or administrator if there is no valid Will) through the entire probate process from start to finish. The estates lawyer can be involved minimally or quite extensively in the estate, depending on its unique issues, the time and abilities of the executor, complexity of the estate, and if any disputes arise, such as outstanding amounts expected by creditors.
What Factors Affect the Probate Process?
The steps involved in probating an estate will depend on a number of factors, such as whether the deceased had a Will, if it is valid in the jurisdiction in which it was written, and the value of the decedent’s estate (probate may not be required for very small, uncomplicated estates). The probate process may also depend on where the deceased died, normally resided and was considered domiciled (i.e., the place considered to be home). The procedure involved will depends on whether the decedent owned any real property outside of Alberta, which would be subject to the laws governing where the property is located.
How a Calgary Probate Lawyer May Advise & Assist the Executor
When representing the executor of an estate, the probate lawyer may advise and assist with the following, including in the capacity of agent for the executor:
How a Calgary Probate Lawyer May Advise & Assist the Beneficiary(s) or Heir(s)
A beneficiary or heir may hire an estates lawyer for legal advice and/or representation in a legal issue related to the decedent’s estate. When representing the beneficiary(ies) or heir(s) an estate, the probate lawyer may advise and assist with the following:
Contact Dukeshire Law Office for a Probate Lawyer in Calgary
At Dukeshire Law Office, we have extensive experience with obtaining probate in Calgary and the estate administration process until its completion. We can assist you with any questions or concerns you may have with respect to a Will or estate. Contact us today at 403-286-7008.