Probate and Estate Administration

At Peak Law Group, we understand that estate matters are as complex as they are personal. Our team, based in beautiful British Columbia, is committed to navigating you through the labyrinth of probate and estate administration, delivering solutions that respect your legacy and honour your values.

To simplify your journey, we offer flat-fee pricing for probate acquisition. This transparent approach ensures you are fully aware of your financial obligations from the onset, eliminating any unexpected expenses. We believe in making your legal journey as seamless and predictable as possible.

We welcome you to book a free, 30-minute, no-obligation consultation to discuss how we can best support your unique needs. It’s time to start planning your estate with confidence.

Frequently Asked Questions

1. What is probate?

Probate is a legal process that occurs after an individual's death. This process involves confirming the validity of the deceased's will, appointing an executor if one is designated in the will, and then enabling the executor to manage and distribute the deceased's estate according to their last wishes. The probate process is comprehensive, including steps such as affirming the will, cataloguing the deceased's property and assets, and submitting application materials to the Supreme Court. It provides a structured mechanism to handle an estate and grants the named executor the legal authority to act on behalf of the deceased.

2. What is a grant of administration?

A grant of administration is necessary when an individual dies without leaving a will, also known as dying "intestate." The grant of administration offers legal authority to an administrator, often a close relative, to manage and distribute the deceased's assets. This includes identifying and assembling the deceased's assets, paying any outstanding debts or taxes, and distributing the remaining assets as per the British Columbia laws of intestacy. It provides a legal framework to handle an estate in the absence of a will.

3. What is involved in administering and distributing an estate?

The process of administering and distributing an estate can be complex, but it essentially encompasses executing the deceased's final wishes regarding their assets. It begins with consolidating all of the deceased's assets, such as money, property, investments, and personal belongings. The executor or administrator is then tasked with settling any debts or liabilities, including any taxes owed by the deceased. After all debts have been resolved, the remaining assets are divided among the beneficiaries as instructed in the will, or if there is no will, according to the intestacy laws of British Columbia. The process culminates when the final accounts are settled, and a record of all transactions conducted by the executor or administrator is shared with the beneficiaries or the court.

4. Who is responsible for administering and distributing an estate?

Typically, the individual responsible for administering and distributing an estate is the executor as designated in the will. The role of the executor is to carry out the instructions in the will, manage the deceased's assets, reconcile outstanding debts, and distribute the remaining assets to the beneficiaries. If there is no executor named in the will, or if the designated executor is unable or unwilling to act, the court may assign an administrator. This could be a close relative or a legal or financial professional. Regardless of whether an executor or an administrator manages the estate, their responsibilities are defined by law, and they are expected to act in the best interest of the estate and its beneficiaries.

5. What happens if the deceased did not leave a will?

If the deceased did not leave a will, they are said to have died "intestate," and their estate will be managed according to British Columbia's intestacy laws. These laws provide a specific order of distribution, typically starting with the deceased's spouse and children, followed by other relatives. In such instances, the court appoints an administrator to manage the estate, often a next of kin. Similar to an executor named in a will, the administrator is responsible for assembling the deceased's assets, paying any debts or taxes, and dividing the remaining assets according to the laws of intestacy.

6. Can an executor or administrator get help with their duties?

Absolutely. The responsibilities of administering an estate, whether as an executor or administrator, can be intricate and challenging. These duties can involve understanding complex legal processes, dealing with financial and tax matters, and making tough decisions. Hence, it's common and often recommended for executors and administrators to seek legal assistance. At Peak Law Group, our experienced lawyers specialize in probate and estate law. We're committed to assisting executors and administrators in navigating their duties efficiently, reducing stress, and ensuring the estate is managed and distributed according to the law.

7. How does Peak Law Group obtain probate or administration?

Our knowledgeable lawyers guide you through the legal process of obtaining probate or administration. This includes preparing all necessary documentation and making court submissions.

8. What is your fee structure for probate services?

We offer flat-fee pricing for obtaining probate, ensuring transparency and clarity for our clients from the onset.

9. How can I book a consultation with Peak Law Group?

You can book a free, 30-minute, no-obligation consultation via our website.

10. What can I expect during my consultation?

During your consultation, you will have the opportunity to discuss your unique situation with one of our experienced lawyers, who will advise you on the best course of action for your estate planning needs.