how to avoid probate in alberta

Calgary, Giving away property while you're alive helps you avoid probate for a very simple reason: If … We see this type of probate avoidance succeed occasionally in circumstances where, for example, a deceased individual left a valid Will appointing their adult child as the sole Executor and beneficiary of their Estate. A Grant of Probate is a formal court document, issued by the Surrogate Division of the Court of Queen’s Bench in Alberta, which confirms or validates the Executor’s authority to distribute the deceased’s Estate. Where no will exists, or there is a will but the appointed personal representative is deceased, unable or unwilling to act, a person wishing to administer the estate may apply for a grant of administration. Probate avoidance from an Estate Planning perspective, i.e., when you’re still alive, deserves an article of its own, and there are many precautions that need to be taken into consideration when doing any sort of probate avoidance as part of an Estate plan. probate@west-legal.ca or 403-723-0175 to get started. Contact us today, and we’ll book you in for your free probate consultation! The probate process is not nearly as time-consuming or cost-involved as people often assume. Probate is most commonly avoidable between spouses. In order to have a Will probated, you must submit an application for a Grant of Probate to the Court. We often receive calls from individuals who live in Calgary and have been appointed as the Executor of a parent’s Estate. People try to avoid probate but the question is why. If it’s a very simple estate and all assets are jointly owned, probate can often be avoided. Probate is most commonly avoidable between spouses. Nevertheless, many commonly held beliefs about probate are half-truths or even untrue altogether. Probate is a court process that confirms an executor’s authority in a will to distribute the assets of a person who has deceased. During our consultation, we’ll help you determine whether probate is necessary for your circumstances, and we’ll guide you towards your next steps. As such, the Estate Planning Lawyers at West Legal don’t believe in avoiding probate at all costs. Alberta Queen's Printer Bookstore is located on the 7th floor of the Park Plaza Building, 10611 - 98 Avenue in Edmonton. In the vast majority of cases there's no conflict, no contesting parties, none of the usual reasons for court proceedings. Simple estates, estates with minimal assets and estates where all assets are held with a surviving spouse in joint names may not require probate. When is Probate Required? Ahlstrom Wright has offices in Sherwood Park, Alberta … The result is that for an estate valued at $500,000, the Probate Fee payable to the Ontario Government would be $7,000. #880, 10201 Southport Rd SW View a map of our location and parking. Avoid trouble. We typically address the topic of “probate” during our estate planning consultations. As an estate lawyer, we all too often see the pitfalls of joint accounts or joint title – it can unintentionally trigger taxes, reduce your autonomy to sell or liquidate assets, and can make those assets subject to a child’s creditors or a matrimonial property claim. Assets That Don’t Need to Go Through Probate. Those institutions include banks and the land titles office. wills@west-legal.ca or 403-723-0175 to get started. For example, a deceased. The most straightforward way to avoid probate is simply to create a living trust. Save my name, email, and website in this browser for the next time I comment. Probate is often used as a catch-all phrase to refer to various aspects of the Estate Administration process. Plan ahead and make a will. There is no hard-and-fast rule that determines when obtaining a grant of probate is necessary. Clients often have questions about the probate process, and rightfully so. The grant allows the personal representative to legally fulfill their duties as the administrator of the estate. A grant of probate is obtained by the personal representative, or executor, of the estate upon application to the Surrogate Office of the Court of Queen’s Bench in Alberta. You may call them from anywhere in Alberta by dialing 310-0000 first and then 780-427-4952. Probate’s major disadvantages are its well-known cost and the delay it causes in distributing the estate. Probate fees and probate forms in Alberta. What we do believe in, is careful and creative planning so that your estate can avoid probate in circumstances where the downsides to avoiding probate are limited. Therefore, unless you own assets located outside of Alberta, there is no reason to structure your estate plan to avoid Probate Fees. You may find yourself unsure of which grant to apply for or whether you need to apply at all and an estates lawyer will guide you towards the best option. Make sure you have a will – Probate fees will be applied automatically if you die intestate (without a will). Life insurance is paid directly to the named beneficiary, so the funds never become a part of ... 2. Read more about when Probate is necessary in Alberta here. Each province sets its own fees, and they vary considerably. In a trust set up for the purpose of avoiding probate, typically you would be all of these people. Other third parties also insist on probate when dealing with executors, including the land registry office and the Canada Revenue Agency. The information held is Grants of Probate, Letters of Administration, and Wills. To determine in which judicial district an ancestor died, write to: Most of what happens during probate is essentially clerical. Choosing to not write a Will is not a strategy for avoiding probate. Often, the Executor needs to obtain a Grant of Probate from the courts before distributing the Estate, even if the deceased left a valid Will. With probate, wills are ensured to be legally binding. Get Rid of All of Your Property. 7 Tips to avoid probate . Those circumstances include estates where there is no surviving spouse as a joint tenant, where assets are in the name of the deceased only, where the estate has significant asset value, where there is no will and where the will is of dubious validity. The probate process requires extensive paperwork which is often confusing. T2W 4X9. Address The estate lawyers at West Legal will provide you with an honest assessment of whether or not you can avoid probate and the associated legal costs. Avoiding probate fees: Good, bad, ugly In BC, probate fee avoidance can be a bit of an obsession. So avoiding Probate is not as much of a concern in Alberta. Transferring Vehicle Ownership After Owner Passes Away in Alberta. We understand that there is more to you than the legal inquiry that brought you in. When people refer to probate or probating a will, they are likely referring to obtaining a “grant of probate”. A common example is when the surviving spouse simply becomes the sole owner of the assets since everything is already in both names. Creating a Revocable Living Trust 1 Establish a Revocable Living Trust. Estate lawyers work with probate documents regularly and are able to ensure the application proceeds smoothly. Here are kinds of assets that don’t need to go through probate: A revocable living trust is a … Probate is the process by which a court confirms that a will is valid. For example, the benefits of adding an adult child to the title of your home in hopes of avoiding probate may be outweighed by the risk of claims against your property from a divorce or lawsuit against your adult child. Then the courts have to appoint an … Additionally, if you’re an Executor, it’s important to never misrepresent your relationship to the deceased when dealing with a financial institution, or anyone else. Name beneficiaries on your life insurance policies. If you pass away without a Will, a grant of administration is nearly always required, and the application for such a grant is typically more complex than a probate application. There is no central registry for wills in Alberta; wills are kept at the Court House in the judicial district where probate was granted. If you’re an Executor who’s hoping to avoid probate, or if you’re simply unsure of what the probate process entails and where you should begin, seeking the advice of a qualified Wills & Estates lawyer is an ideal place to start. Joint Bank Accounts: What Happens When One Account Holder Passes Away? For example, if spouse A and spouse B were joint tenant owners of the couple’s only home, held all bank accounts jointly, registered their vehicles in joint names, and if the deceased spouse named the surviving spouse as their beneficiary of all other assets where applicable, such as RRSPs, TFSAs, non-registered investment accounts, and life insurance policies, a Grant of Probate is likely unnecessary; Probate may also be avoidable where the deceased left a valid Will, but no surviving spouse, provided that the deceased named a beneficiary on each individual asset, account, and life insurance policy, and named someone as a joint tenant owner of any real estate or motor vehicle; In limited circumstances, where the Estate is small or there are only one or two assets that would typically require probate, probate may be avoided with some creativity on the part of the Executor. Is a Former Spouse Entitled to a Deceased’s Estate in Alberta? Without a grant of probate, the institutions that hold or register your assets are unlikely to deal with your executor. What if you don’t have a will or your executor can’t do the job? If the deceased person was married and owned most everything jointly, or did some planning to avoid probate, a probate court proceeding may not be necessary. an estates lawyer will guide you towards the best option. The probate attorney, or the attorney's secretary, fills in a small mountain of forms and keeps track of filing deadlines and other procedural technicalities. Read more about when Probate is necessary in Alberta here. At West Legal, we take a People First approach. However, there are circumstances where probate will almost always be required. Probate rarely calls for legal research, drafting, or a lawyer's adversarial skills. A probate fee is paid by an individual’s estate to validate the will and the named executor, giving the executor the clear authority to act. Transferring Vehicle Ownership After Owner Passes Away in Alberta. Unless the will is contested and/or there are disputes among family members, the most difficult aspect of administrating an estate is completing the application process for probate. While a grant of probate is often required to administer a deceased’s estate, it is not always necessary. A commonly held misconception about Estate planning is that a valid Will negates the need for a probate application. You cannot avoid the probate process by not having a Will. The necessary forms for Probate are available from the Queen’s Printer Bookstore in Edmonton at 780-427-4952. T2W 4X9. Without probate, bank accounts and investments can be frozen, leaving families unable to access much needed funds; and many real estate transactions will be unable to close. Where can I purchase these items in person? In Alberta, the maximum Probate Fee payable is $400. 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