An appointment as executor of an estate means a difficult process is about to begin, likely during a time of great emotional stress. Going through the stages of probate and estate administration in British Columbia can be a complex task even for a professional. The good news is, there are circumstances under which probate may be minimized, or bypassed altogether.
There are many responsibilities thrust upon an estate administrator in British Columbia. Chief among them is putting the will through probate. This is an important process, and requires completion before the estate can be administrated. However, it may be that not all the listed assets will need probating. Here are a few things to look for before getting started.
There are many stages the executor of an estate must navigate through when administering a will in British Columbia. One of the most important is probate. The purpose of probate is to convince a judge of the veracity of the will so that the rest of the process can unfold. In order to do so, several key documents must be created and submitted.
Being named as executor of an estate is a solemn responsibility. While it may be a source of some pride to be named to such an important position, many would-be executors are understandably daunted by the enormity of the task. Estate law is fairly complex, and the process of probate can be confusing and possibly lengthy. For those British Columbia men and women facing this job, here are some tips to help them better understand what might lie ahead.
In most situations, when a will goes through probate in British Columbia, it's a simple process. If the will is found to be valid, the executor or administrator sets about fulfilling the contents of the document. There are occasions, however, when the will is challenged for some reason, and probate may become more complicated. An extreme example of this is transpiring right now in another jurisdiction.
When an individual in British Columbia passes away and leaves a will, the will must go through probate. In theory, the probate process is relatively simple: the will is submitted to the court and its legality is verified before then being administered by the executor. In rare cases, the will may be challenged, usually by hitherto unknown heirs, or those claiming to be heirs. Recently, an exceptional case involving multiple claimants challenging more than one will was settled in a court south of the border.
Dealing with probate matters can be one of the hardest things you've ever done because it necessarily comes after what might be a great loss. At a time when you are grieving for a loved one or caught up in the shock of loss, you are also asked to begin a sometimes complex and detail-imbued legal process. Having a professional estate lawyer on your side can make a difference during such times.
Being in charge of probate for an insolvent estate is truly a thankless task, yet if you have accepted this assignment, you must carry out your duties.
Sometimes death comes as a bolt out of the blue, an unwelcome surprise to the survivors of the decedent and the administrator of his or her estate. But other times, there is foreknowledge that death is imminent, whether it is months, weeks or even just days away.
The courts and government of British Columbia recognize the autonomy of individuals to leave their estate to the people they choose. With that being said, however, there are certain circumstances wherein it may be possible to contest the terms of a will being probated here in British Columbia.