Skilled Estate Administration & Probate Lawyers Serving Vernon, Salmon Arm and Southern British Columbia
The administration of an estate is the process of gathering the estate’s assets, paying any liabilities, and distributing assets to the beneficiaries. It can be a complex and time-consuming endeavour involving court applications, extensive paperwork to take control of the estate assets, managing beneficiaries, and preparing and filing the estate’s tax returns. Many people don’t truly grasp the immense amount of work necessary to administer an estate until they have to do it themselves. When this responsibility is combined with the fact that many executors are still grieving the loss of someone they loved, it can become overwhelming.
Helping Executors Navigate the Estate Administration and Probate Processes
If you have been entrusted to oversee the administration of an estate, it is highly advisable that you work with a knowledgeable estate administration lawyer. The seasoned estate administration lawyers at Cherkowski Marsden LLP can help you navigate the complexities of the administration and probate process and ensure you are protected from liability from beneficiaries or creditors, and they can also shoulder much of the work on your behalf.
What is an Executor and what are their Duties?
The work of administering an estate is generally completed by an executor or multiple executors. The executor is appointed in the Will, if there is one, and granted authority to secure the estate’s assets by a Grant of Probate from the court, if probate is necessary. If there was no Will, or the named executor is unable or unwilling to act, an executor can be appointed with an application to court for a Grant of Administration. Executors have a fiduciary duty to administer the estate in the best interests of the beneficiaries at all times.
When planning your estate, you may also want to consider appointing a lawyer in the role of executor in order to spare family members or other loved ones from the responsibility, so that they can grieve your loss without having to shoulder the burden of the administration of your estate as well. At Cherkowski Marsden LLP our estate lawyers regularly provide executor services for our clients. We handle everything from start to finish in the administration of the estate, saving family members or friends the time involved, and sparing them from exposure to potential liability from beneficiaries or creditors.
What is Probate and is it Necessary?
Probate is the process of applying to a court for a Grant of Probate, which verifies the validity of the Will and the authority of the executor(s) to act on behalf of the estate. Note that in some cases, probate may not be necessary. This will largely depend on the agencies and financial institutions where the estate’s assets are located. Most banks, for example, will require a Grant of Probate in order to release funds to the executor(s). In most cases, probate will be required in order to proceed with the duties of administration.
Trust, Comfort and Experience in Estate Administration
The estate lawyers at Cherkowski Marsden LLP have over 50 years of combined experience working in estate administration. Our seasoned lawyers are well-equipped to manage the administration of any estate, no matter how complex, guiding executors through the process from start to finish. An executor faces a daunting task involving many duties and legal obligations. We provide a thorough explanation of each step in the administration process, provide a detailed timeline, make note of every requirement that must be fulfilled, and ensure legal duties and obligations are met. With us at the helm, executors have the relief and confidence of knowing they have a knowledgeable and helpful guide who will relieve them of much of the day-to-day work necessary to complete the administration of the estate they’ve been entrusted to oversee.
Trusted B.C. Estate Lawyers Assisting with all aspects of Estate Administration including Probate and Executor Services
At Cherkowski Marsden LLP, client comfort is paramount. We understand executors are often still reeling from the loss of a loved one when demanding estate administration responsibilities are suddenly thrust upon them so we do whatever we can to minimize stress and ease the process of administrating the estate. Our offices in Vernon and Salmon Arm are welcoming for clients, with a casual atmosphere, and lawyers and staff who are extremely friendly and approachable.
If you require assistance with the administration of an estate, whether it be guidance through the process or executor services, contact the knowledgeable estate administration lawyers at Cherkowski Marsden LLP. We will provide trusted legal advice to help with the navigation and completion of probate in an efficient and compassionate manner. We can be reached online or by phone at 250-308-0338 (Vernon office) or 250-803-9171 (Salmon Arm office).