What is a probate lawyer?

Probate lawyers help finalize an estate.  If there’s a Will the executor or executrix will retain a lawyer to apply to the Court of Queen’s Bench for what is called a Grant of Probate.  Once a Grant of Probate is achieved the assets and property of the deceased person are distributed to the beneficiaries named in the Will.

Probating an estate can take 3 to 6 months (or longer) depending on how quickly the assets and properties of the estate can be ascertained for the application for a Grant of Probate, how backlog the court is with applications, how many beneficiaries there are, and how complex the estate may be.

What If There’s No Will?

If there is no Will and you require a court order to deal with the deceased’s estate, through what is called a Grant of Administration.  Under this process the person in charge of the estate is called an administrator and has the same duties as an executor. In Alberta priority is given to residents of Alberta, except if there is a spouse or adult interdependent partner living in a different province.

If multiple person are eligible to apply to be the administrator of an estate, the family should make a decision on who will apply and who will renounce their appointment (if applicable).  If a decision cannot be reached the Surrogate Rules determines the priority of who will be the court appointed administrator as follows:

  • surviving spouse or adult interdependent partner of the deceased; if none then,
  • children of the deceased; if none then,
  • grandchildren of the deceased; if none then,
  • other blood descendants of the deceased; if none then,
  • parents of the deceased; if none then,
  • siblings of the deceased; if none then,
  • other relatives of the deceased.

If you need a probate lawyer to do more than help you with the core legal services, there is an additional fee based on the lawyer’s hourly rate.  The needs of every estate differs and setting a flat fee rate may result in over payment of legal fees to probate an estate.

Get Help From an Edmonton Probate Lawyer

The probate lawyer at Young Law Chambers can help you whether or not the deceased passed away with or without a Will.  A probate lawyer can also help you if you’re executor living outside of Alberta and the deceased owned property in Alberta.