What is “Probate”?

Probate is the process when a deceased person’s last will and testament is validated in court. An application for probation results in what is now formally called a “Certificate of Appointment of Estate Trustee with (or without) a Will.” For convenience, it is still commonly called “probate.”

There is no automatic legal requirement to apply for probate. Whether probate is necessary or advisable depends on the assets and circumstances of the estate. At Allan Law, our focus and experience in wills and powers of attorney can help you determine whether probate is necessary or beneficial, and we can assist you through the whole application process.

Since the process of “probate” validates the will and confirms the executor’s right to act, many institutions rely upon the grant of probate to ensure that they are dealing with the lawful executor. In our ten years’ of experience, it is often the case that third parties, such as banks or other financial institutions, insist upon an executor obtaining probate.

Probate is also necessary to transfer real property (i.e., real estate), shares, or other assets outside of Ontario owned by the deceased at the time of his or her death (this depends on certain factors for which legal advice should be sought). An executor may also wish to probate the will even when it is not required to do so because the process provides protection to them from certain liabilities or delayed dependent claims.

Call or book an appointment if you have any questions about probation.

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