Probate refers to a court-supervised process for administering an estate and distributing the proceeds of the estate. Letters Probate formally recognizes that a Will is valid and that an estate representative is entitled to deal with the estate. The process can take up to one year to complete.

The local courthouse that administers applications for probate can be a wealth of knowledge. Therefore, we have provided links to all Canadian provincial and territorial offices for you.

It is important to note what happens to the deceased’s assets when there is no Will. If there is no Will or the Will is not valid, the person is considered to have died “intestate.” This means there are no instructions the family can follow to distribute the estate. As a result, each province/territory has specific laws that deal with these situations.

If someone dies without a Will, it is referred to as dying “intestate”. If you are unsure of the existence of a Will, or know it exists but cannot find it, you must do your best to try and locate one. The absence of a Will can have a big impact on estate administration.

Now that you found the Will, you need to confirm the Will is valid. A Will needs to be valid to carry out the wishes of the deceased. Typically for Wills to be valid they require signatures of two witnesses (not a named estate representative, spouse, or beneficiary), the date, and the testator’s signature at the end of the Will.

The technical language that is often used in the estate administration context can be tricky to understand.

What happens to someone’s Facebook account when they pass away? With the closure of a Facebook account, the deceased’s account can be removed or memorialized.

Proof of death is required to deal with the majority of estate matters. Proof can come in various forms. Below is an explanation of the types of proof of death, some examples of when it may be required, and where they can be obtained.