Probate Applications

Do I Need to Apply for Probate?

If you have been named as an Executor in someone’s Will, the lawyers at Lypkie Henderson can assist with the complex and technical area of Probate Applications. A Grant of Probate confirms the Executor’s authority to manage the deceased’s estate. A Grant of Probate is usually required to deal with real estate owned by the deceased and most banks will require the Will to be probated before allowing the Executor to access bank accounts.

Typically, the person named as the deceased’s Executor goes to a lawyer experienced in probate matters who then prepares the Application for Probate. The Application must include notices to all of the beneficiaries, contact information for the beneficiaries and family members of the deceased. The paperwork will also require an accounting of the deceased’s property and debts.

If you are unsure if you are required to apply for Probate, our lawyers can review your situation and advise you if this is necessary.

Probate Court

Surrogate Court, also known as Probate Court, is a specialized part of the Court of Queen’s Bench of Alberta. This Court handles all matters related to deceased individuals. This includes validating wills, determining who an Executor should be, approving of the accounting of an estate and settling disputes of the estate.

Probate Applications are finicky and require good attention to detail. A simple mistake could lead to a rejected application and unnecessary delay. Upon arrival in Surrogate Court, an Application is reviewed by the Court Clerks and finally by a Justice of the Court of Queen’s Bench. Surrogate Court can reject an application based on feedback by the Clerk or the Justice. Lawyers at Lypkie Henderson have the experience and knowledge to ensure that a probate application is in the best possible condition before arriving in Surrogate Court.

After Probate is granted, a Will must be executed according to its terms by the Executor. Sometimes disputes arise between the beneficiaries and the executors or between beneficiaries. Surrogate Court will hear all matters involving a dispute over a Will. It will also hear disputes arising out of intestacy. The lawyers at Lypkie Henderson have appeared for clients in Surrogate Court across the province of Alberta. We understand the intricacies of this specialized Court.

A common list of items our lawyers need when preparing an Application for Probate are:

1) The original Will.
2) The Death Certificate.
3) The personal information of the deceased.
4) The personal information of the deceased’s family (spouse, former spouses/common law partners, children, dependent grandchildren).
5) The personal information of each beneficiary named in the Will.
6) A detailed list of all assets and liabilities of the estate and their estimated values.