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Lethbridge Probate Lawyers 

Lethbridge probate lawyers are the men and women lawyers of Lethbridge who handle the probate matters in and around Lethbridge.  If you are an executor of an estate you will probably require and benefit from the services of a probate lawyer. 

If someone who is close to you has died you should speak to a probate lawyer about the situation, including whether you might be the appropriate person to be appointed as the administrator of the estate. 

Getting a “Grant of Probate” is done through what is called the “Surrogate Court” of Alberta.  The Surrogate Court is a division of the Court of Queen’s Bench of Alberta.  The grant of probate essentially confirms the validity and authenticity of a deceased person's will. 

Generally, a person who is an executor (male) or executrix (female) hires a probate lawyer to assist in making an application for a grant of probate, which application is then given to a Judge of the Surrogate Court for consideration. 

Your Lethbridge probate lawyer will help you to review the last will and testament of the deceased and put together the Affidavit in support that is required for the probate application as well as other documents.  All wills in Alberta must be made in compliance with the Wills and Succession Act of Alberta which is relatively new legislation which came into force in 2012. Prior to that there was the Wills Act of Alberta, which has now been repealed. Grants of probate are usually issued without any fanfare and as a matter of course – so long as the application has been put together carefully. 

An application for probate is technically a court application, though normally they are done without the probate lawyer or any of the people involved actually having to appear in court.  It is a paper application which concludes when a Justice of the Surrogate Court issues a “Grant of Probate” i.e. a court order.

“Probate” also involves “settling” the estate of a deceased person.  Once a will has been probated by the court, the executor (and everyone else) can rely on its authenticity.  All claims against the estate, if there are any, get called in and resolved and outstanding debts (if any) get paid. 

The grant of probate confirms the executor as being the proper personal representative of the estate and by keeping the executor accountable, makes it likely that the wishes of the deceased (as spelled out in the will) get carried out. 

The probate lawyer is usually involved throughout the whole process in assisting the executor give effect to the last wishes of the deceased.  Often there are trusts to be set up.  Often there is property to be transferred or sold.  Often there is life insurance to deal with, though sometimes this does not technically form part of the estate.  Often there is an accountant involved and often there are tax issues that arise and income tax returns that have to be filed.

Being an executor is a very solemn undertaking and responsibility.  It also carries with it significant potential legal liability in that – speaking generally – an executor must answer to beneficiaries for their conduct and account for the property (including all money) of the deceased and they can be liable for any short-falls or even for income tax owing if they do not do the taxes properly.

Having calm, experienced counsel while administering an estate will bring you peace of mind.  

The probate procedure provides some protection of the interests of family members who may have claims against the estate, and some protection for the executor against claims and law suits.

It is important, in considering who your Lethbridge probate lawyer is going to be, that you select one that is practical, experienced and knowledgeable of exactly how things work in Lethbridge.  They should have an office in Lethbridge which is staffed full time and has been there for some time.

We are that counsel for a lawyer referral.  We are that law firm referral company.  We are your Lethbridge Probate Lawyers referral company. 

Free Lawyer Referral Service - Call: (403) 770-9714.