Estate Settlement
Apr 06, 2022
What's New in Ontario's Probate Laws for 2022?
Ontario’s Succession Law Reform Act determines how wills and estates are executed. Here are the new changes for 2022.
When an individual dies in British Columbia, their estate may have to go through probate if it’s particularly large or complex. Estates that consist primarily of assets with direct beneficiaries, like life insurance policies, or jointly held assets such as real estate, can usually skip the probate process. However, anything that doesn’t name direct beneficiaries has to go through probate.
We regularly share relevant information about wills and estates.
To start, the executor of the estate must apply for probate at the British Columbia private court. In British Columbia, probate law is governed by the Probate Registry of the Supreme Court. The court usually takes about three to six week to approve the application and issue a grant of probate, after which the probate process begins.
Once the will is validated, the executor is authorized to carry out their duties. They must create an inventory of the decedent's assets and determine the value of the estate. They'll have to notify people about the individual's death, then find the names and contact information of everyone listed in the will.
If the estate has outstanding debts, the executor notifies the creditors and tells them that they have to respond by a certain date. Any creditors who don't respond within the time frame have no claim over the estate. This can prevent creditors from taking legal action later.
This entire process can take anywhere from a couple of months to two years to be completed, depending on the size of the estate, whether the will is contested, and whether all beneficiaries can be located.
Interested in cutting that timeline down? At ClearEstate, we streamline the probate process and help you save money whenever possible, so that the estate isn’t burdened with unnecessary fees. With three service tiers, you can choose the level of help that you need and wrap up probate as soon as possible.