What does it mean to “Probate” a Will? - PowerPoint PPT Presentation

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What does it mean to “Probate” a Will?

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Probate is a procedure by which an application is made to the Court to have the will of the deceased testator validated. M.J. O’Nions has been providing advice on probate since 1997. We can probate and administer both complex and simple estates. – PowerPoint PPT presentation

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Title: What does it mean to “Probate” a Will?


1
Probate Application
2
What does it mean to Probate a Will?
  • The word Probate means to prove or validate.
    Probate is the procedure by which an application
    is made to the Court to have the Will of the
    deceased testator (the person who made the will)
    validated. The Court will also look at the Will
    of the deceased and confirm the appointment of
    the person(s) named as executor in the Will.

3
When do you need to Probate an Estate?
  • The Letters Probate provides official
    recognition of the authority of the executor over
    the testators estate. The executor may need this
    proof, for example, to recover money owing to the
    testator or to transfer certain assets in
    accordance with the instructions in the Will. As
    well, Letters Probate may be necessary if the
    executor expects that somebody may contest his or
    her right to act as executor.

4
What fees must be paid to obtain a grant of
Probate?
  • The fees payable to Probate Court for the Letters
    Probate are based on the value of the estate. You
    can use our BC Probate Fees Calculator to
    determine what the probate fees for a specific
    estate would be.
  • In British Columbia, the basic fee payable for
    commencing the application for the grant of
    Probate is 200.00. However, this fee is waived
    if the entire value of the estate (all of the
    property of the deceased) does not exceed
    25,000.

5
What happens if a person dies without leaving a
Will?
  • When someone dies without a valid Will, they are
    said to have died intestate. In such cases, the
    Probate Court must appoint someone to act as
    administrator of the estate (rather than the
    executor). The Court makes this appointment when
    someone qualified to act in this capacity makes
    an application to the Court. Usually this would
    be a member of the family, or if there is none, a
    close friend of the deceased.

6
To learn more about Probate Application
  • Visit our website
  • http//www.mjonions.com/
  • Or call us directly
  • 604-697-0996
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