When a person dies holding assets which have to be distributed, it will be necessary to make a court application for a grant of probate or administration. When there’s a will, the probate process determines the validity and authenticity of the will, while also confirming the appointment of the named executor(s). If there is no will, the court must appoint someone to administer the estate. There is a hierarchy of persons related to the deceased who can apply to be the administrator.
The estate grant of probate provides assurance to third parties such as banks or the Land Title Office, that they are dealing with the person with legal authority to transfer the assets.
The court process for obtaining an estate grant begins by searching for a will, and preparing an inventory of the assets and liabilities of the deceased, providing notice to the beneficiaries and other potentially interested parties and, where there is no will, obtaining the consent of other family members to the appointment of an administrator, and lastly, preparing the documents needed for the formal court application.
It is a detailed and sometimes confusing process. Choosing the right lawyer to help you through it is important.
Stop putting it off. Darnell Law Group will draft a will for you that ensures your intentions are clearly set out.
You want to protect your wealth. Speak to one of the lawyers at Darnell Law Group to learn if the creation of a trust should be part of your estate plan.
Do you have a family member or close friend who is no longer capable of making decisions, and needs special care? Let us guide you in your application to be their Committee.
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