Probate

Probate is the court procedure for proving the validity of a Will and appointing the estate trustee.

It involves an application to the court whereby they will review the Will and confirm that it satisfies all formal requirements. You will then receive back a Certificate of Appointment of Estate Trustee with a Will.

If there is no Will there are certain steps to be taken and you will be trying to obtain a Certificate of Appointment of Estate Trustee Without a Will.

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    UNDERSTANDING PROBATE

    What Does Probate Involve?

    Probate involves an application to the court to obtain a Certificate of Appointment of Estate Trustee. Where there is a Will, the court reviews the application and the Will to determine whether the formal requirements have been satisfied.

    Once the application is approved, the Certificate confirms the authority of the Estate Trustee to deal with the estate. If there is no Will, a different application and process may be required.

    WITH A WILL

    Certificate of Appointment of Estate Trustee With a Will

    This application may be required where the deceased left a valid Will naming an Estate Trustee.

    WITHOUT A WILL

    Certificate of Appointment of Estate Trustee Without a Will

    If there is no Will, the law sets out who may be entitled to apply to act as Estate Trustee and how the estate may be administered.

    WHEN PROBATE MAY BE REQUIRED

    Every Estate Is Different.

    Whether probate is required depends on the circumstances of the estate and the assets involved. Financial institutions, government agencies and other organizations may require a Certificate of Appointment before they will release or transfer certain assets.

    Financial Assets
    Banks and other financial institutions may require proof of an Estate Trustee’s authority before releasing or transferring estate assets.
    Real Property
    Depending on how property was owned and the circumstances of the estate, a Certificate may be required to deal with real estate.
    Other Estate Matters
    Certain organizations or transactions may also require formal confirmation of the Estate Trustee’s authority.

    We can review your circumstances and help you determine what steps may be required to administer the estate.

    HOW WE CAN HELP

    Guidance Through the Probate Process.

    Administering an estate can involve important legal and practical responsibilities. We can assist Estate Trustees in understanding the process and preparing the appropriate probate application.

    01

    Probate Applications With a Will

    Assistance with applications for a Certificate of Appointment of Estate Trustee With a Will.

    02

    Probate Applications Without a Will

    Guidance through the process of applying for a Certificate of Appointment where the deceased did not leave a Will.

    03

    Estate Trustee Consultations

    Consultations to help Estate Trustees understand their responsibilities and review the Will and next steps.

    WHAT TO EXPECT

    Taking the Process One Step at a Time.

    01

    Review the Estate

    We begin by reviewing the available information, including the Will, the estate assets and the circumstances of the Estate Trustee.

    02

    Prepare the Application

    We help prepare the documents and information required for the appropriate probate application.

    03

    Move Forward With the Next Steps

    Once the application has been submitted and the Certificate is issued, the Estate Trustee can continue with the administration of the estate as required.

    PROBATE & ESTATE ADMINISTRATION

    We’re Here to Help You Move Forward.

    If you have been named as an Estate Trustee or are unsure what steps need to be taken after the death of a loved one, we can help you understand the probate process and what may be required.

    Request a Consultation
    BARRIE   ·   BRADFORD   ·   VAUGHAN


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