Probate is the legal procedure used to confirm and authenticate a person’s will after they’ve passed away. By having executors apply for probate, the Court ensures that the original Will presented is the true Will of the deceased. Applying for probate may sound confusing, but probating a will after the death of a loved one is not a difficult process if you have the right assistance.
What Does Probate Do?
Probate serves two main purposes:
1. Prevents Fraud: It makes sure the will is legitimate and prevents fraud when distributing the deceased person’s assets.
2. Confirms Executor’s Authority: It formally grants the executor the power to carry out the deceased’s wishes. This includes issuing legal documents, called Letters Probate, which prove that the executor is in charge of the estate.
The executor is the person trusted by the deceased to handle their estate. Normally, an executor is named in the Will, and is often a close family member.
When Do I Need to Apply for Probate?
The following are situations in which someone must apply for probate:
Situation 1: A family member has passed away and has no property except for an ATV, which has been left in their Will to you. When you go to Service New Brunswick to have the ATV transferred into your name, you are told by the clerk you must apply for probate.
Situation 2: A mother and father have mirror Wills, and both have now passed away. Their child, the executor, goes to the bank to access their bank accounts. The bank teller tells the adult child he needs to apply for probate.
While probate is not always necessary, it must be applied for whenever there is a case of:
1. Sole Ownership: If the deceased owned assets like personal property or bank accounts only in their name (no joint ownership).
2. Real Estate: If the deceased owned real estate, then probate will likely be needed to transfer ownership. For example, if a plot of land is being left behind for you in a Will, you will have to get probate.
3. Large or Complex Estates: If the estate is large or the will is complicated, probate can help speed up the process.
How Do I Apply for Probate?
To start an application for probate, the executor applies to the Court District where the deceased lived or passed away.
The executor will need to present a list of all assets included in the estate, the original Will, the death certificate, and pay any probate tax.
The court then reviews the Will, and a judge will sign letters probate.
If you have more questions about Probate, Wills, or the role of an executor, please reach out to Moss Hachey Law for more information.
This blog entry contains information of a general nature only and should not be relied on for legal advice, as your individual situation may vary. The information is current only to the date of publication and may be subject to changes.
