REQUEST CONSULT

Estate Administration
Kelowna BC

BOUTIQUE KELOWNA FAMILY LAW FIRM

Losing a loved one is hard enough, dealing with their last wishes and estate administration shouldn't be. At Maio Law we understand that this can be a difficult time and we are thankful to be able to assist individuals in the administration of their loved ones estate.

What you need to know about Probate

When an individual dies, their property is either distributed intestate, testate, or in some cases, both. In British Columbia, the Will, Estates and Succession Act (“WESA”)  is the main Act which governs Estate Law. The process of administering a deceased’s estate can be complicated. Maio Law helps Executors complete the necessary steps to obtain a Grant of Probate.

Now, what exactly is “Estate Law” or “Estate Administration”? Well, when a person dies leaving assets and liabilities, someone has to take control of their estate and pay off the individual’s liabilities and distribute the remaining assets. This aspect is standard, what differs is whether the individual died leaving a Last Will and Testament or whether they died intestate – distribution of an Estate when there is no Will. 

Whether the individual had a Law Will and Testament, and sometimes its location can be the first difficult task. A useful search can be done by visiting the BC Wills Registry page. Another useful place to search is Notice Connect. Oftentimes the individual left their original Last Will and Testament at the office of their Solicitor or Notary for safe keeping. Other times a financial institution may have it within a safety deposit box. A good first step can be a search of the individual’s home office or personal documents. 

Once the Will is located, you are going to want to keep it safe and secure and it is prudent to make a copy in case something happens to the original. It is likely a good idea to have a lawyer or notary make a “notarized” copy. If a “Probate” application is required, the original Will must be filed with the Registry. 

Where the individual died without having a Will, then WESA is going to be highly applicable in the administration of the deceased’s estate. WESA has specific provisions which apply where a person died without a Will. 

In some cases the deceased’s Will must be “Probated”, which is done by the Executor or Executors appointed in the Will. The “Probate” process essentially is the validation of the deceased’s Last Will and Testament which provides notice to third parties that the deceased’s Will is real and valid. The Executor is responsible for filing the necessary court forms with the Supreme Court Registry to obtain a Grant of Probate. Where the deceased died as the sole owner of real estate, or held significant financial assets at a Financial Institution – Bank, then a Grant of Probate will likely be required for the Executor to deal with the assets. At Maio Law we assist Executors in navigating the probate process by completing required court forms and helping with the administration of assets and liabilities. Court forms required for probate including but are not limited to:  

  • Wills Notice Search
  • Notice of Proposed Application 
  • Submission for Estate Grant
  • Applicant Affidavit

Executors are appointed within the deceased’s Will. A Will can provide for multiple Executors or one Executor with alternatives should the initial Executor not be in a position to act. The Executors job is to administer the estate which involves confirming assets and liabilities – inventory and valuation, paying liabilities, filing tax returns, notifying beneficiaries, and eventually distributing the remaining assets to the beneficiaries. Within two years of the Grant of Probate an Executor must complete his or her duty to pass the accounts of the Estate. 

Our fees are easy to understand and straight forward. In most cases we offer flat filling billing so that you know the price you pay.

To get started email today and Maio Law will send you an intake form for completion

Why Choose Maio Law

OUR APPROACH TO a RESOLUTION

1

COMMUNICATION & GOALS

Effective communication is the key to resolving any dispute and it starts at your initial meeting with Maio Law as we discuss the reasons for contacting us, the nature of your dispute and your desired goals and outcomes.

2

PLANNING & STRATEGY

During the Planning & Strategy phase, Maio Law will review your case and discuss various options and methods of resolution to effectively accomplish your desired outcomes according to your budget and timeline.

3

EXECUTION & OUTCOMES

This phase is where the plan and strategy are put into action. During the execution phase, your plan and strategy will adapt to meet the changing environment to reach your desired outcome and goals.

Schedule a Consultation with Maio Law

SEPARATION & DIVORCE INSIGHTS

Shopping Cart

Maio Law Professional Corporation

Expertise, leadership & excellence you can count on.

Call 888.586.3204 now or complete the following form to schedule your consultation with a legal expert.

​Contacting the firm via the website or e-mail does not constitute a solicitor/client relationship of any kind. Any correspondence entered into here shall not to be construed as legal advice, but merely as providing a vehicle to contact Maio Law Professional Corporation in a direct and timely fashion. Confidential documentation or information should not be sent to the firm electronically until a retainer has been confirmed.