Before an executor can perform his or her appointed role, the will must be proven as the last will of the deceased. Probate is the process of proving the will and ensures that the estate is transferred in an orderly manner.
The Probate Process
The procedure is not as simple as it may sound. Probate involves important duties such as obtaining a ‘grant of probate’ from the court, inventorying property and paying off the deceased’s debts. If you have been appointed as the executor, consulting a probate lawyer will help simplify the probate process and ensure your compliance with all the legal requirements.
Receiving counsel from a probate lawyer is particularly recommended if there is potential for complications or estate litigation. Similar to contesting a will, probate may be challenged when there is some concern as to the validity of the will for which probate is being sought. There can be other issues relating to probate, such as someone questioning the capacity of the will maker. Where there is no will, or an invalid will, the estate still needs to be probated and a person must apply to the court to be appointed administrator of the estate.
Hobbs Giroday’s probate lawyers have many years of experience in estate litigation in Vancouver. We have advised numerous executors on their roles and assisted them in obtaining probate. Our lawyers also have frequently acted for persons who have challenged probate. We are well versed in probate issues and the procedures to follow in order to achieve the best possible outcome for our clients.