Guiding Clients Through Probate

If a family member recently passed away, one of the details you’ll have to consider is what to do with their assets. If they made an estate plan that includes a will, the instructions on handling the estate should be clear, and the next step will be to go through probate to validate this document.

If you’re unfamiliar with the probate process and are expected to be involved in it as the executor of the will, you should contact experienced probate lawyers for guidance. You can count on Lam Legal Trial Lawyers to streamline this process for you and answer any questions you have along the way. Contact us for a free initial consultation with a trusted lawyer.

What Is the Probate Process?

Probate is the legal process of validating the will to ensure the deceased person’s wishes are followed when distributing their assets to the beneficiaries. This process is also supposed to ensure the estate pays any debts and taxes owed to creditors and the government.

So, if your loved one has a will, it will need to go through probate before any assets are distributed to the family. If your loved one did not have a will or any other estate planning documents, their assets will be probated, as well.

It’s important to know that not all assets must go through probate before being distributed. For example, if your loved one had an asset that was jointly held, it would automatically go to the other owner after your loved one’s death. Similarly, any accounts with named beneficiaries, such as life insurance policies, would go straight to the beneficiary rather than through probate. Any property held in a trust can also bypass probate in British Columbia.

Most other assets will need to go through probate before being distributed according to the will. Some examples of such assets include bank accounts, real estate property, household goods, furniture, investment accounts, electronics, clothing, jewelry, vehicles, and heirlooms. If you have questions about which of your loved one’s assets must be probated by the court, contact our Vancouver law firm for legal support.

What Are the Executor’s Duties During Probate?

If you’re the executor of your family member’s estate, your first task will be to locate the will and any other estate planning paperwork. If it turns out there is no will, and you’re interested in assisting with estate administration, you can apply to be an estate administrator, meaning you’ll be in charge of initiating probate if approved.

The next step is to file an application for probate with the Supreme Court of BC. It could take several weeks for your court application to be approved, after which you’ll be expected to locate and list all assets and debts in your loved one’s estate. You’ll also need to determine their value, which your probate lawyer can assist you with if you’re unsure how to begin this process.

Another executor duty is gathering the names and contact information of all beneficiaries, family members, financial institutions, and creditors so you can inform them of the person’s death and impending probate process. During this time, you should start redirecting mail and canceling or closing any accounts showing assets or costing the estate money. These usually include credit cards, utility accounts, bank accounts, and subscriptions.

You’ll then need to determine the debts and taxes the estate owes so you can pay them. Once all valid or proven debts are paid, you can begin distributing assets to the beneficiaries or heirs-at-law before closing the estate.

If these duties sound overwhelming to complete, especially while mourning your loss, it’s best to hire Vancouver estate lawyers who have extensive experience working with probate law in British Columbia. When you come to us for our legal services, we’ll strive to make the estate administration process as seamless as possible for you and your family.

How Long Does Probate Take in Vancouver?

The probate process can take anywhere from several months to a couple of years. Even starting it can take some time, as the court often takes three to six weeks to approve probate applications. After that, it can take months for the executor or administrator to contact all interested parties, take inventory of the assets and debts, file taxes, and wrap up other personal matters.

Smaller, simpler estates with few beneficiaries can take a matter of months to go through probate. On the other hand, larger estates with many heirs can take a year or more to finish this process. If there is no will, it can take even longer to probate the estate since the court must spend time approving the estate administrator.

The complexity and length of this process is why many people try to bypass probate when planning their wills and estates before their death. However, if your loved one’s estate must be probated, you don’t have to deal with this process alone when you hire skilled probate lawyers. Vancouver estate executors and administrators can count on our law firm to assist with the legal details of estate administration, so contact us today.

How Can Probate Lawyers in Vancouver, British Columbia Help You?

At Lam Legal Trial Lawyers, we realize that probate law is the last thing you want to think about while grieving. That’s why we encourage you to let our experienced lawyers handle this process for you so you can rest assured your family member’s estate is in good hands.

Whether you were appointed as the executor of the will or want to apply to be the administrator, you’ll benefit from hiring a lawyer to help you with the legal details. If you’re ready to learn how a caring lawyer can assist you and your family, call us at 604-800-0774 for a free initial consultation.