Probating Without A Will
As a technical matter, the process of probate does not occur when a deceased person did not leave a will. In British Columbia, probate is the process of having a court declare a will to be legally valid. However, in the absence of a will, a person may apply for letters of administration that will appoint him or her to be the administrator of the deceased person’s estate. At our Vancouver firm, Edward F. Macaulay Law Corp, we represent clients who are applying to be the executor of an individual’s estate and those who are challenging such appointments.
Applying For Letters Of Administration
A person seeking a certificate of appointment to be their loved one’s executor may encounter several challenges. Among the issues a lawyer can help you to navigate are:
- Absence of full consent: Other interested parties may challenge your appointment as estate administrator. For example, in the case of a parent who died intestate, a sibling may challenge the granting of letters of administration to another sibling.
- Requirement to post bond: Where beneficiaries include minors or mentally challenged individuals or where creditors with a claim to the estate refuse to consent to the application without it, a potential administrator may have to post bond.
A lawyer can help you to determine your course of action in the process of applying for probate. Once you become an executor, the responsibilities of being an estate administrator can be made easier with the benefit of legal advice.
Edward F. Macaulay is an experienced and respected Vancouver estate litigation lawyer. Our firm offers clients trustworthy, objective advice and personal service. In the face of uncertainty, our team is available to answer your questions.