Following the death of a loved one most individuals have a lot of questions and uncertainty. It is a highly emotional time and everyone reacts differently when faced with the reality of death. We are experienced in dealing with the various emotions and issues that can arise and how to help resolve them.
Our estate administration team identifies whether an estate requires probate, or letters of administration, and guides our clients through the process of ensuring a deceased person’s wishes are respected to the extent British Columbia law allows.
Probate is the process that is followed when the deceased had a will whereas Estate Administration is the process that is followed when there is no will. In both cases there are very specific rules and procedures to be followed to wrap up the affairs of the deceased. Some assets can be dealt with prior to finalizing the estate while others will be frozen pending the appointment of a Personal Representative.
Carrying out someone’s last wishes and winding up their affairs are big responsibilities, even if the recently deceased person has a relatively small estate. Any of our lawyers can help you with the process. We are available to give you a quick, one-time lesson on your tasks and obligations, or we can play a more active role in helping you wind up the estate that you’re in charge of administering. As we know that the assets of the deceased are typically frozen and they are the funds to be used to pay legal fees, we typically do not require a retainer for estate matters.
Probate is the process that is followed when the deceased had a will whereas Estate Administration is the process that is followed when there is no will. In both cases there are very specific rules and procedures to be followed to wrap up the affairs of the deceased. Some assets can be dealt with prior to finalizing the estate, while others will be frozen pending the appointment of a Personal Representative. Regardless of the process that needs to be followed our experienced estate advisors can walk you through the process and provide legal and practical advice about how to proceed.
The executor is responsible for administering the estate, arranging the funeral, proving the Will, liquidating the estate, paying debts, distributing assets (as the Will directs) and many other duties.
It is important that the executor be able to keep proper records and be available for an extended period of time to administer the estate. Be sure to discuss this responsibility with your potential executor prior to appointing them.
