Estate administration refers to the process of distributing a deceased person’s assets according to their will (such as property, investments, bank accounts, personal belongings etc.), dealing with the funeral home, canceling credit cards, closing bank accounts, paying any debts and taxes owing, and dealing with other personal issues.
Handling an estate as an executor can be an overwhelming task at an emotionally difficult time. Mistakes must be avoided at all costs as the executor could be personally liable for any errors while administering the estate.
Probate means “to prove”. After a person passes away, the Court must authenticate the will (if one exists) and authorize another individual to sign transfers of titled property on behalf of the deceased. This person, the executor, is appointed to legally distribute the deceased assets in accordance with their wishes as specified in their will. This is Probate.
Our Kelowna lawyers at Sabey Rule LLP act for executors, administrators and trustees of wills and estates and will provide as much assistance as needed in the estate administration of a loved one. In addition to preparing the required documents for Grants of Probate or Grants of Letters of Administration, we advise our clients on all of the legal aspects of the estate administration process from gathering information to start the process through to obtaining final releases from beneficiaries to minimize the risk of legal problems.
Not all estates need to go through probate. Generally speaking, property which is held in joint tenancy with right of survivorship passes to the surviving joint tenant without probate. Similarly, assets that have a designated beneficiary (for example, insurance policies, RRSPs, annuities etc.) generally do not need to go through probate.
Sabey Rule LLP’s estate administration services include:
- Applications for Grants of Probate of Wills
- Applications for Grants of Administration when the deceased did not have a will
- Resealing of Grants of Probate or Administration made in other provinces
- Advising executors or beneficiaries on executors’ accounts, remuneration and releases
- Assisting in the transfer of estate assets to beneficiaries
- Applications for reseal for out of country estates