Probate Lawyer Services in Vancouver
Our goal is to make the probate process as simple as possible, helping you avoid high costs and significant delays, and giving you peace of mind knowing your needs are taken care of and that the entire process runs smoothly.
At Monterio & Company, we have been helping executors and estate administrators for over a decade. We understand estate administration and focus our probate practice on providing legal services that are:
What is probate?
Probate is the process of obtaining legal authority to handle someone’s estate.
While not all estates have to go through the probate process (this will depend on the nature of the assets, among other things), most estates end up going through this process, and until the probate process is complete, it may not be possible for the executor to manage or distribute the assets of the estate.
It is important to understand that probate does not give the executors their power and authorization to act on behalf of an estate – a will does that — but probate is the court process that legally confirms their authority by granting the executor letters probate.
When is Probate Required?
The most common reason for getting an order of probate or administration is to obtain the ability to deal with, or to access the assets of the deceased and distribute them in accordance with the will or administration order. That said, there may be other reasons when probate or administration should be obtained even if all the assets of the deceased are obtainable by his or her personal representative.
Probate can be an important tool for an executor. Some of the benefits of seeking probate include:
The role of the probate lawyer
As your probate lawyers, we will:
Probate Services Anywhere in BC
We can act as your probate lawyer no matter where you are in British Columbia, and we can re-seal a grant of probate in British Columbia if you’re an executor living outside the province and the deceased owned property in British Columbia.
BC Probate Law FAQ
How long does the probate process take?
Probate can take several months. It depends on the complexity of the estate, and whether there are any disputes. Probate requires gathering financial information and due diligence. Documents are then submitted to a court registry, which can take at least a month to approve. There are waiting periods before and after approval, before funds can be distributed.
Should I hire a probate lawyer?
Executors can complete probate on their own, but a lawyer can help avoid pitfalls and manage risks and liability. Experience with estates can help speed up the process. Executors may be able to take on more of the role if they desire.
Can a probate be avoided?
With good estate planning, probate can often be limited/avoided.