Probating an Estate

When a person passes on, his or her assets become that person’s estate and are distributed according to that person’s will, or if there is no will, according to statute. The personal responsible for looking after the estate is called the Personal Representative (a newer term for executor) when appointed by a will, or the Administrator if appointed by a court (where there is no Will).

Before a Personal Representative can distribute or sell some assets of the estate, such as real estate, they first need a court order called a Grant of Probate (or Grant of Administration if there is no will). This Grant of Probate will allow the Personal Representative to access bank accounts, investments, and other assets, transfer or sell vehicles, and allow for the sale or transfer of real estate.

When a Personal Representative hires our firm, it is his or her duty to provide us with documentation and information about the estate. Once we have received the information we need we draft the application documents, then witness the documents and file them with the courts. Once approved, we will be notified and arrange to receive the Grant of Probate, which can be used to transfer or sell property, investments, bank account funds, and other assets. Usually, the assets of the estate are all sold and investments liquidated, and all the money is deposited to a bank account in the name of the estate.

As of 2022, where the deceased left a will a Personal Representative can submit a probate application using the digital online service. This service is only available to lawyers, and it significantly cuts down on the delay and work required to obtain a grant of probate using the previous hard-copy paper application. If you’d like to know more about the digital online probate service, please contact us.

The Personal Representative

A Personal Representative has special duties and responsibilities towards the estate and the beneficiaries. They must be careful not to mismanage the estate assets. They must also ensure all taxes and debts of the estate are paid. If there are problems with a Personal Representative’s management of the estate, they can be personally sued, so it is important to have a lawyer help and provide advice.

A Personal Representative is entitled to repayment of reasonable expenses paid on behalf of the estate. He or she is also normally entitled to a fee for administering the estate.

Securing the Estate

The first thing a Personal Representative should do is make sure that the estate assets are secure. They should arrange to forward all of the deceased’s mail to an accessible address, to make sure bills and debts are accounted for. The Personal Representative should also cancel all non-essential utilities to the deceased’s home, such as phone, cable, magazine subscriptions, etc. Essential services such as heat and electricity must be paid. The deceased’s credit cards, social insurance card, passport, driver’s license and health cards should all be cancelled. If there are any pets, the Personal Representative should make sure they are safe and cared for. The original copy of the Will should be found and kept in a safe place.

Compiling Information

After the estate is secure, the Personal Representative should start compiling the documents and information needed for the court application. The documents and information needed depends on the personal circumstances of the deceased and the type of application you need. If you choose to hire a lawyer, their fees are payable by the estate.

Submitting the Application

Once the Personal Representative has compiled all of the necessary information and documents, and the court documents have been drafted and executed, the package is submitted to the Court of King’s Bench Surrogate Court. The package will be reviewed initially by a court clerk and returned for revisions if necessary. If approved by the clerk, the package will then be submitted to a judge who may require more revisions or may then approve the application and issue a Grant of Probate.

If the estate is complicated, there are problems with the Will, or there is a dispute over the estate, it may be necessary to make a different contentious application to the court. It is highly advisable in these circumstances to retain a lawyer.

If you have questions or need help, let us know

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