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Do i need a lawyer to probate a will. What is involved in…

Customer Question
Do i need a...

Do i need a lawyer to probate a will

Lawyer's Assistant: Estate laws vary by state. What state are you in?

What is involved in probating a will?

Lawyer's Assistant: What documents or supporting evidence do you have?

Death sertificate and will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Steps I need to take to probate ,who must I inform of the passing

Submitted: 8 months ago.Category: Canada Law
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Answered in 1 minute by:
11/13/2017
Lawyer: Debra, Lawyer replied 8 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,556
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 8 months ago

I am sorry to hear of your loss.

What province are you in please?

Are you the sole executor under the Will?

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Customer reply replied 8 months ago
Alberta yes
Lawyer: Debra, Lawyer replied 8 months ago

It is not mandatory to retain an estate lawyer to probate the Will but this it is hard to proceed without doing so. Lawyers retain estate lawyers when probate is needed rather than self-representing for example.

You would apply for probate and send a notice of probate and a copy of the pertinent part of the Will to all beneficiaries who are getting specific bequests and send a full copy of the Will to all beneficiaries.

Your duties will include gathering the assets, paying off the debts, filing a Terminal Tax Return and obtaining a tax clearance certificate. You also have to let the government know if the deceased was a receipt of government benefits. You have to apply for the death benefits from CPP if applicable as well.

You can obtain a probate kit through self-counsel press if you decide to try and self-represent.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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