What fees are typically associated with probate?

Fast & CompanyProbate

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

How do you confirm that you were named as executor?

Fast & CompanyProbate

Some British Columbia residents are surprised to learn that they have been named as executor of a deceased person’s estate. The way to confirm this is to view the original will. Wills may be kept in the testator’s home, at the lawyer’s office who drafted the testamentary document or in the decedent’s safety deposit box. When a thorough search fails … Read More

Probating an estate involving life tenants

Fast & CompanyGeneral, Probate

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?

Fast & CompanyGeneral, Probate

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?

Fast & CompanyGeneral, Probate

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

Can I contest my relative’s will?

Fast & CompanyGeneral, Probate

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. There are three categories of heirs or potential heirs who may contest … Read More

Let a legal professional probate the estate

Fast & CompanyGeneral, Probate

The responsibility for filing for probate of a deceased person’s estate can sometimes be burdensome, especially when the estate is large or complex. Sometimes an estate can include multiple properties and/or business entities that all must be sufficiently managed and valuated by the estate administrator. For some in that position, it can be a bit more than they ever bargained … Read More

What are the main duties of a trustee of an estate?

Fast & CompanyGeneral, Probate

At some point during the probate of an estate, the estate’s personal representative ceases to act as the executor and becomes the estate’s trustee. This usually happens once all of the personal representative’s duties have been met. Trustees are responsible for maintaining the assets of the decedent’s estate once all legitimate debts have been paid. According to the Law of … Read More

What happens when there is no money in an estate?

Fast & CompanyGeneral, Probate

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

Can a corporate executor lighten the probate load?

Fast & CompanyEstate Administration, General, Probate

People tend to seek out the most trusted friends and relatives they have to serve as estate administrators of their estates after they die. After all, who best to carry out one’s wishes but a trusted loved one?  Actually, in many cases, the administrator, while trustworthy and well-intentioned, is not the ideal person for the job at hand. Perhaps they … Read More