Top Rated Probate Lawyers
At Thomas and Associates, our probate lawyers work with clients concerned about preserving and protecting their assets in the event of death or incapacity. Our highly focused practice comprehensively addresses your probate needs and estate planning for clients ranging from protecting the assets of adults with special needs to planning for the succession of property on death.
You may have been given the responsibility of administering the estate of a loved one under a will or you may wish to administer the estate of a loved one who died without a will. In either case, you are or will be the “Personal Representative” or “Administrator” of the loved one’s estate. This role involves significant and time-consuming duties which includes gathering the assets of the deceased and protecting them until they can be distributed to the beneficiaries.
It is always difficult to deal with someone else’s assets, especially when grieving the loss of the loved one. Our team of probate lawyers has experience in estate administration and is able to offer an efficient and timely probate service to our clients.
What is Probate?
Probate is the process of validating a will of the deceased person through a court application. If the court is satisfied that the will is the last will of the deceased person and the applicant is the person named in the will as executor of the estate of the deceased, the court will grant the applicant what is called “Grant of Probate” also referred to as “Grant of Letters Probate.”
Grant of Probate:
“Grant of Probate” is an official recognition given by the court of your authority to deal with the estate of the deceased. Without this official recognition, third parties, such as financial institutions, or the Land Title Office, will have no way of knowing whether the will is really the last will of the deceased and whether the person named as the executor in the will is really the person authorize to deal with the property of the deceased. However, with the Grant of Probate from the court, third parties can be assured that they are dealing with the right person and that they can transfer the assets held in the name of the deceased according to the direction given by the executor.
Who Can Apply for Probate?
In order to apply for a Grant of Probate, there must be a valid will. Further, the will must name an executor who will be responsible for administering the estate of the deceased. If there is no valid will or no one is named as an executor, the spouse or child of the deceased may apply for a Grant of Administration in order to administer the estate of the deceased.
The Probate Process
- Review the Will: We will meet with you and determine if the will needs to be probated, or if an administrator needs to be appointed. Ensure you bring in the original will, if one exists. We will also offer advice as to practical steps you need to take now in order to protect estate assets.
- Completion of the Appropriate Documentation: If a Grant is required, we request you review and fill out the necessary documentation and return it to us. We will start the process of applying for a Grant for you at that time.
- Grant Application: Once we have all the information we need, we will make the application to the Supreme Court.
Why Choose Thomas and Associates?
It can be difficult to deal with the estate of a loved one, who has just passed away. In spite of it being an emotionally overwhelming experience, it has to be dealt with in a timely manner.
At Thomas and Associates, our probate lawyers can ease your burden by helping you in tough times to ensure your estate administration can be completed the right way in accordance with the probate laws. We ensure the assets of the deceased are collated and then distributed based on the terms of their wills. If the deceased has died intestate (without leaving a will), we can help you ensure the wealth is distributed in accordance with the statutory rules of intestacy. We also deal with creditors and can help discharge the deceased person’s debts so that you are not overwhelmed or stressed out in any way. Our probate lawyers have the knowledge, expertise and experience to make an application to obtain a Grant of Probate for an estate. We can complete all the steps to ensure your estate is fully handled and you are aware of all the legalities. We will do this providing high quality professional service. We understand your needs and we are here to help.