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.
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When an individual dies in Saskatchewan, the probate court uses their will to distribute their assets accordingly. Assets with direct beneficiaries, like life insurance policies, 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.
According to the courts of Saskatchewan - In most cases the average probate process will take about 1 year.
However, each estate has unique situations and not all estates are subject to the 1 year timeline.
Here are some situations that can influence a shorter probate process:
- If the will is straightforward and there are no disputes among the heirs, the probate process can move along quickly.
- If the executor is organized and prepared, they can speed up the process by gathering all of the necessary documents and records promptly.
- If there are no debts or taxes owed by the estate, that will also speed up the process.
- If there is a living trust in place, the probate process may not be necessary at all.
Situations that can influence a longer probate process
- If there is a dispute among the heirs, the probate process can become very complicated and drawn out.
- If the estate is large, it may take longer for the executor to gather all of the assets and pay off any debts.
- If the estate includes property or assets in other provinces or countries, it may be necessary to hire a lawyer to help with the probate process.
- If the deceased was receiving government benefits (e.g. Old Age Security, Canada Pension Plan), the estate may have to go through a separate process to claim those benefits.
- If the estate includes a business, there may be additional complications in winding it down.