Estate Administration
(Probate)
Expert guidance through the court process to validate a will and appoint an estate trustee with clarity, compassion, and efficiency.
What is Probate?
Probate is the legal process of validating a deceased person’s will and appointing an estate trustee (formerly known as an executor) to administer the estate. This involves applying to the Court for a Certificate of Appointment of Estate Trustee with a Will, or without a Will if one does not exist.
We guide clients through the entire estate application process, including preparing and submitting the required documents, valuing the estate, calculating and paying the Estate Administration Tax (a provincial probate fee of approximately 1.5%) to the Court.
This service is for you if:
- You have been named as an executor in a will.
- The deceased owned real estate solely in their name.
- Financial institutions are requiring probate to release funds.
- You are unsure if the assets require court intervention.
Why Us
Legal Certainty
Avoid costly errors and rejected applications. We ensure every document meets the strict court requirements on the first try.
Time Efficiency
The court process is slow. We expedite what we can by preparing filings promptly and tracking their progress diligently.
Reduced Stress
Step back from the administrative burden. We act as the buffer between you and the legal system.
Comprehensive Probate Support
Initial Application Filing
Preparation and filing of all necessary court forms (Forms 74A, etc.) to begin the process immediately.
Estate Value Calculation
Assistance in accurately valuing estate assets to determine the correct Estate Administration Tax (EAT).
Ministry of Finance
Filing the detailed Estate Information Return within the strict 180-day deadline.
Beneficiary Notices
Serving required notices to all beneficiaries and potentially the Children’s Lawyer if minors are involved.
Court Requisitions
Handling any questions or additional document requests from the court registrar promptly.
Final Certification
Securing the Certificate of Appointment and advising on next steps for asset distribution.
Estate Trustee & Estate Administration Advisory
Estate Administration involves more than just the probate applications, although they are a specialty in and of themselves. Gathering and securing all assets of the deceased, such as real estate, bank accounts, investments, and personal property, while identifying and settling any outstanding debts, taxes, and liabilities is part of the process.
Estate trustees, executors or administrators must act diligently and impartially, often managing assets until they can be legally distributed to beneficiaries. We can act as an Estate Trustee, otherwise known as an Executor, to manage the deceased’s estate if beneficiaries do not want to, for whatever reason.
We specialize in handling intestate estates (“intestacy” is when a person dies without a valid will), including applying for a Certificate of Appointment of Estate Trustee without a Will and ensuring fair division among legally beneficial heirs. Our services include tracing beneficiaries and assets including cryptocurrency, resolving potential claims from dependents, and addressing complications like posthumously conceived children or discovered relatives.
At Bereavement Law, we represent heirs, beneficiaries, family members, and corporate fiduciaries in every step of the probate or estate administration process, with the utmost compassion and understanding. We assist with anything to do with estates, including inventorying assets with financial institutions, handling creditor claims, preparing final accounts, obtaining a Clearance Certificate from the Canada Revenue Agency and finally distributing the estate assets.
We have experience with “numbers” and can assist trustees in “passing of accounts” by preparing full estate financials for submission to Court, if necessary. We prevent common avoidable disputes by working towards a transparent and efficient distribution of all assets.
By providing clear guidance on this complex area of law, we help facilitate a smooth and efficient transfer of inheritance funds to the next generation.
Small Estate Certificate
For smaller estates valued under $150,000, we leverage the streamlined Small Estate Certificate process introduced in legislative reforms to expedite proceedings and reduce costs. We ensure compliance with the Estates Act and related laws and regulations, minimizing delays so families can focus on healing rather than on legal bureaucracy.
Transparent Fixed-Fee Probate
We believe in financial certainty during uncertain times. Our fees are reasonable and considered of high value. We charge fair, flat fees, in an amount agreed in advance and we can offer compassionate pricing when appropriate.