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What is Probate and do I need it?

May 15, 2020
What is probate in Canada

If you are the Executor of an Estate, you may have heard that you need to 'get probate.' Simply put, probate is a process where the courts verify that a will is real. To figure out whether you need to have a will probated, you can ask yourself one simple question:

"Has anyone asked for it?"

The administration of an Estate can involve dealing with many different institutions. Whether you are dealing with energy companies, financial institutions, telephone and cable companies, or anyone else the deceased held accounts with, you will need to prove that you are in charge of administrating the estate.

It is possible for an Estate to be fully administrated without a grant of probate. Start by closing all of the deceased's accounts as soon as possible. While closing the accounts, you will learn whether or not you need to have the will probated. Most places will require a copy of the will and a death certificate at the very least. However, if someone asks you for probate documents, it is a good idea to meet with your lawyer and make a plan for moving forward.

If you would like to find out whether you will need to probate the will before dealing with any institutions, meet with a lawyer. A lawyer will ask you for details about the assets held by the deceased and will be able to determine whether or not obtaining probate will be necessary.

- rhamir MATTOO
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Steve Mattoo and his firm A.S. Mattoo & Associates, located in the York Business Centre, deal in real estate law as a preferred area of practice. The firm's primary goal is to provide exceptional legal services with a focus on relationship building.

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