Steve Burton
Right now, when you hire our firm to do an estate probate we'll pay $100 of the estate's probate fees. In other words, the disbursements set out on our Statement of Account, will be $100 less than what is actually paid.
Estate probate is the process of transferring title to property and assets from a deceased person to the heirs (a.k.a. beneficiaries). It's also called "probating the estate."
The estate probate process in British Columbia is completed with an Order of the BC Supreme Court.
The guiding document in a BC estate probate is the deceased's Last Will and Testament (the Will). The Will sets out who the beneficiaries are and which assets they are to receive. Let us help with your BC probate matter.
Call us toll free at 1-855-467-0505 to set up an appointment with one of our BC estate probate lawyers.
Scott T. Johnston
The duration can vary widely from as short as 6 months to taking years. Generally, the more beneficiaries involved the longer the process can take. Also, a more financially complex estate takes longer as well. For example, if there are unsettled tax matters that require addressing, the probate process can be delayed.
However, the greatest delay may be the result of a beneficiary or beneficiaries contesting the Will. This means the heirs take issue with the Will and start an action in Court to seek that the terms of the Will be changed. Given that contesting a Will is a litigation process, it can take years unless it's resolved outside of Court before the trial date.
Whenever a decedent owns property in their own name solely, then the estate must be probated. This is because title of property must be transferred to the heirs/beneficiaries which requires the probate process.
The first part of the estate probate process in BC is to verify that the Will is valid and is indeed the last Will executed by the deceased.
Second, the Will appoints an executor who is in name the administrator of the estate. An executor can also be a beneficiary, but doesn't have to be an executor. The Court confirms the appointment.
The heirs/beneficiaries on the Will must be located and contacted.
The property of the decedent is gathered and a full accounting is completed of assets and debts. This process includes gathering insurance, stock and bond certificates, car titles, land titles, and any other assets of the deceased.
Any creditors of the deceased are paid.
The deceased's tax matters must also be completed and brought up-to-date if not already done so.
Once the estate's financial matters are current, the heirs are located, the Will is verified, then the remaining property and assets are distributed to the heirs.
No. There is no law stating that a lawyer must be involved. However, given the several complex steps, along with the Supreme Court of BC Rules and required forms which BC estate probate lawyers are accustomed to filing, the process is much easier for an executor when a BC estate probate lawyer is managing the probate process.
The fact is an estate will not be probated until all necessary steps are taken and completed thoroughly.
A BC estate probate lawyer is paid from the estate. When the BC estate probate is completed, the estate probate lawyer issues a Statement of Account that is paid from the estate funds.
It varies depending on the complexity and time involved in probating the estate. For example, if the lawyer must engage accountants to assist with any outstanding tax matters, the process may be more expensive. However, if the estate is straight-forward, the heirs easily located and no beneficiary contests the Will, then the lawyer fees are less.
Whether a lawyer is involved or not, there are estate probate fees paid to in order to effect probate. These are called disbursements on the lawyer's Statement of Account. When an estate probate lawyer in our firm is hired to do the probate, we simply cover these fees and add them to the final Statement of Account as a disbursement when the matter is completed.
“Thanks for your legal assistance. Your expertise has made dealing with my husband’s death much easier.”
R.L.
I am absolutely amazed by how well / quickly / painlessly this went thanks to Mr. Burton. I wish we would have called him first and next time I will.
C.S.
“Thanks, Steve. Your patient guidance has helped keep our family together after my spouse’s death.”
D.R.