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<br>The probate process can be a source of confusion and stress during an already difficult time in oneu2019s life. If you have responsibility for someoneu2019s estate, when should you consider consulting with a probate lawyer? While self-representation is possible, there are occasions when one may wish to seek experienced support from a lawyer well-versed in wills and probate in Alberta. With so many other elements to manage, empathetic and efficient legal support can make this process smoother.<br>
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When to Consult a Probate Lawyer Before Applying for a Grant of Probate in Alberta
The probate process can be a source of confusion and stress during an already difficult time in one’s life. If you have responsibility for someone’s estate, when should you consider consulting with a probate lawyer? While self-representation is possible, there are occasions when one may wish to seek experienced support from a lawyer well-versed in wills and probate in Alberta. With so many other elements to manage, empathetic and efficient legal support can make this process smoother. Though you may wish to attempt the process yourself to obtain a grant of probate, some circumstances could mean you face a much more complex situation. Let’s explore some of the major scenarios in which a lawyer could offer important insight and advice to guide your next steps.
A Contested Will At times, a deceased’s will may be contested by family members or other interested parties. For example, the party contesting the will may allege that the will being probated is not the most recent will of the deceased, or there may be allegations regarding undue influence or the deceased’s capacity when they signed the will. A failure to sufficiently provide for the deceased’s dependents, for example, may also lead to a dispute. Contested wills complicate the probate process and can take a significant amount of time to resolve. Contesting a will typically requires involving the courts. Consulting a lawyer early in the process can provide more options for a prompt resolution.
When the Estate Contains Business or Other Complex Assets Some simple estates, such as those with assets consisting only of cash, can be straightforward enough to administer individually. However, many testators hold other assets before their death. The more assets involved in the estate, the more complex the probate situation becomes. A testator who dies with business assets, such as an active and operating company, also leaves behind a complicated estate. There are issues related to sustaining operations and making payroll, negotiating with other business partners, or even selling the business altogether. Experienced legal assistance provides valuable insights in these areas.
Estates That Span Jurisdictions Sometimes, an individual may pass away with assets spread out over a large area. Testators may die with assets such as real property located in more than one province. Estates that span more than one jurisdiction have a more complex probate process. There may be a need to make separate applications for probate in each province where the testator owned assets. For large estates, this can become a substantial undertaking. Since probate processes can differ between provinces, working with a lawyer who can handle these complexities helps ensure you do things correctly.
When There Is an Urgent Need to Obtain Probate There may be situations when you must urgently obtain a grant of probate to resolve issues related to the estate. When self-representing, individuals must submit paper applications directly to the courts. Processing times for these applications can vary, but results are often slow to appear. Lawyers, in contrast, are authorized to submit probate applications through the official digital system, which can make submitting the necessary paperwork and obtaining the grant of probate much more time-effective.
Find Help Navigating Probate Today The appropriate handling of the process for a will probate in Alberta is fundamental to ensuring smoother administration of estates. As we’ve seen, there are many occasions when the complexity of the estate or the nature of the will may make this process less than straightforward. Working with a probate lawyer who understands your situation can pave the way towards a less stressful experience and the potential for more effective estate administration. At Lypkie Henderson, we’re ready to step in to provide executors with important information about probate and what the next steps are. Speak with us today for more information.