In 2014 some changes were made to the Wills, Estates and Succession Act that affects residents of British Columbia. The changes are intended to modernize estate laws and make the probate process easier. Below are some general questions and answers regarding the process. For more specific information about individual probate circumstances, consult a probate lawyer in the province. Does my … Read More
Check a Will Carefully Before Going Through Probate
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. Some … Read More
Submitting the Proper Documents During Probate in BC
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 … Read More
Determine Which Assets Must Be Included in Probate
If you are named as administrator of an estate, there may be some assets that fall out of the breadth and scope of the probate process. These non-probate assets must be dealt with separately as the rest of the decedent’s estate goes through the probate process. Some non-probate assets may include the following: Assets owned solely by the decedent but … Read More
What Fees Are Typically Associated with Probate?
If you are responsible for the probate and administration of an estate here in British Columbia, you might want to know what you will wind up having to pay. The estate may be subject to probate filing fees during the process of proving the validity of the will and the testator’s intentions. Any probate filing fees go to the Court … Read More
Probating an Estate Involving Life Tenants
If you are involved in the probate of a will as an estate administrator, you may find yourself dealing with a situation of a life estate or life interest. These scenarios involve life tenants — usually a second or subsequent spouse of a decedent who has children from a prior relationship, although not always — who are given the usage … Read More
What Must Be Done When Probating an Estate?
If you are in charge of probating an estate, it can be confusing trying to remember to cross every “t” and dot every “i.” But yet it must be done correctly or you could face financial and legal liabilities for being remiss in your duties. Below are some important tasks to check off of your list. Make sure that you … Read More
How Can I Correctly Value a Decedent’s Real Property?
If you are in charge of probating an estate, at some point you may need to valuate real estate that was owned by the decedent. It’s vital that this is accurately done in order for the heirs and beneficiaries to receive their fair share of the estate’s true value. A professional real estate evaluator can look at the net operating … Read More
Do I Really Have to Pay Off My Deceased Dad’s Debts?
When spouses, parents or others die, their heirs may have concerns about any responsibility they may have to pay the debts the deceased accrued over a lifetime. In short, the answer is that they have no responsibility. However, just as with many of the complex aspects of estate administration and probate, there are exceptions, and they include: Joint debts where … Read More
What Happens When There Is No Money in an Estate?
One of the problems that estate administrators can encounter during the probate process is dealing with an insolvent estate. This occurs when the decedent owes more to creditors than the estate is worth. An insolvent estate presents a unique set of challenges to estate administrators. By definition, an “insolvent estate” is one that doesn’t have sufficient funds to pay the … Read More
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