Probate is the legal process of validating a deceased person’s will. The process also involves appointing an executor and settling outstanding debts and taxes before distributing the remaining assets to beneficiaries. In Calgary, probate is overseen by the Surrogate Court.
It’s important to note that the probate process can be time-consuming and complex, especially if there are any issues with the will or disputes among beneficiaries. Therefore, working with an experienced probate lawyer to ensure the process goes as smoothly as possible is always a good idea.
In this post, we shed light on the crucial role played by Calgary probate lawyers.
The Role of a Probate Lawyer
A probate lawyer is an essential advisor during the probate process. Their expertise can help streamline legal procedures and alleviate stress for the executor and beneficiaries. Here are some matters a probate lawyer can help with:
- Probate application. A probate lawyer will guide the executor through the necessary paperwork and filings required by the Surrogate Court.
- Executor guidance. In cases where an executor is not specified in a will, the court will appoint one. A probate lawyer will advise the executor on how to manage assets and distribute the estate.
- Asset valuation. Determining the value of the deceased person’s assets is a key aspect of probate. Probate lawyers work with appraisers and financial experts to assess the value of properties, investments, and other assets, contributing to the fair and equitable distribution of the estate.
- Debt settlement. Before assets can be distributed, the estate must settle any outstanding debts and obligations. This step is critical in determining the net value of the estate available for distribution to beneficiaries. A probate lawyer will ensure that all legitimate claims are addressed.
- Tax compliance. An experienced probate lawyer is well-versed in tax regulations and helps the executor fulfill the deceased person’s tax obligations. Tax compliance includes filing final income tax returns and addressing estate tax liabilities. A lawyer’s input is invaluable in minimizing tax burdens on the estate and its beneficiaries.
- Legal representation. Should there be disputes or challenges to the will, a probate lawyer represents the estate in court. Their legal expertise can help resolve any conflicts and protect the interests of the beneficiaries.
- Beneficiary advocacy. Probate lawyers advocate for the rights of beneficiaries, ensuring they receive their rightful share of the estate.
Choosing a Probate Lawyer in Calgary
Selecting the right probate lawyer is crucial for a smooth probate process. Therefore, careful consideration is required. Here are a few things you must factor into your decision when hiring a probate lawyer:
- Experience. Look for a lawyer with extensive experience in probate law and estate administration.
- Local knowledge. A lawyer familiar with Calgary’s probate laws and court procedures can navigate the process more efficiently.
- Clear communication. Choose a lawyer who communicates effectively and keeps you informed throughout the probate process.
- Reputation. Seek recommendations, read reviews, and assess the reputation of potential probate lawyers to ensure reliability and trustworthiness.
Let Our Calgary Probate Lawyer Help You Settle Your Loved One’s Estate
Navigating probate in Calgary can be a challenging journey, but with the assistance of the experienced probate lawyer at One80 Law, the process can be more manageable.
We will ensure the wishes of your loved one are respected, and the estate is handled with care and professionalism during this difficult time.Call us today at 587-206-9480 or use our contact form to tell us about your probate needs and request a consultation.