Calgary probate lawyers are the men and women lawyers of Calgary who handle the probate matters in and around Calgary.  If you are an executor of an estate you will probably require and benefit from the services of a probate lawyer. 

If someone who is close to you has died you should speak to a probate lawyer about the situation, including whether you might be the appropriate person to be appointed as the administrator of the estate. 

Getting a “Grant of Probate” is done through the Surrogate Court, which is a part of the Court of Queen's Bench of Alberta. The grant of probate essentially confirms the validity and authenticity of a deceased person's will. 

Generally, a person who is an executor (male) or executrix (female) hires a probate lawyer to assist in making an application for a grant of probate, which application is then given to a Justice of the Surrogate Division for consideration. 

Your Calgary probate lawyer will help you to review the last will and testament of the deceased and put together the Affidavit in support that is required for the probate application as well as other documents.  All wills in Alberta must be made in compliance with the Wills and Succession Act. Grants of probate are usually granted without any fanfare and as a matter of course – so long as the application has been put together carefully. 

An application for probate is technically a court application, though normally they are done without the probate lawyer or any of the people involved actually having to appear in court.  It is a paper application which concludes when a Justice of the Surrogate Division of the Court of Queen's Bench issues a “Grant of Probate” i.e. a court order.

The grant of probate confirms the executor as being the proper personal representative of the estate and by keeping the executor accountable, makes it likely that the wishes of the deceased (as spelled out in the will) get carried out. 

“Probate” also involves “settling” the estate of a deceased person.  Once a will has been probated by the court, the executor (and everyone else) can rely on its authenticity.  All claims against the estate, if there are any, get called in and resolved and outstanding debts (if any) get paid. 

The probate lawyer is usually involved throughout the whole process in assisting the executor give effect to the last wishes of the deceased.  Often there are trusts to be set up.  Often there is land or other property that needs to be transferred or sold.  Often there is life insurance to deal with, though sometimes this does not technically form part of the estate.  Often there is an accountant involved and often there are tax issues that arise and income tax returns that have to be filed. Canada Pension Plan death benefits need to be applied for.

Sometimes there are property appraisals that need to be done and sometimes there are company shares that need to be sold or transferred. Sometimes the deceased was the owner of a small business and those matters need to be attended to - maybe someone needs to be put in to run the company.

There are right ways and wrong ways of doing all these things - and the probate lawyer will help you to do them the right way.

The probate procedure provides some protection of the interests of family members who may have claims against the estate, and some protection for the executor against claims and law suits.

Being an executor is a very solemn undertaking and responsibility.  It also carries with it significant potential legal liability in that – speaking generally – an executor must answer to beneficiaries for their conduct and account for the property (including all money) of the deceased and they can be liable for any short-falls or even for income tax owing if they do not do the taxes properly.

Having calm, experienced counsel while administering an estate will bring you peace of mind.

It is important, in considering who your Calgary probate lawyer is going to be, that you select one that is practical, experienced and knowledgeable of exactly how things work in Calgary.  They should have an office in Calgary which is staffed full time and has been there for some time.

We are that lawyer.  We are that law firm.  We are your Calgary Probate Lawyers.