Understanding Estate Probate: Types, Process, and Importance

Probate is a very important part of estate planning. Additionally, although your executor handles the probate after your death, understanding the importance of making a will can simplify the Estate probate process for your loved ones after your passing away. Now, let’s delve into the different types of probates first.

There are different kinds of probates. Sometimes, this probate can also be denoted with terms like administration and affidavit. Some of these probates are:-

• Grant of Probate
• Trust Administration
• Letters of Administration
• Ancillary Probate
• Small Estate Affidavit

What is Probate? 

It is a process in which courts accept a will formally or appoint a person in place of the deceased person in case they die without creating a will. The primary purposes of probate are:-

• Verifying that the person who made the will has passed away.
• Making sure that the deceased person was the original author of the will.
• Ensuring the validity of the will. 
• To give the executor the power to prove their authority in administering the estate in case of unavailability of a will.
• When and where does probate happen, and who handles it? 
• The Estate probate process starts after the passing away of someone. It includes filling out the grant of probate application. Proper documentation and will is required by the executor of this application. 
• Your executor will apply for the probate in the city or the province where you will breathe your last.

If you die without a will, then the court can appoint an administrator to take care of the probate process. If you have already made your will, an executor will handle it. 

The Three-Step Probate Process 

Here’s the step-by-step guide for the probate process:-

First Step: Make The Probate Application

Some helping documents and certain forms are required to file the probate application. They are:-

• Original copy of the will that is duly signed.
• Death certificate of the deceased person.
• A proper record of the assets and liabilities of the person who has died.
• A list of people who will benefit from the will.

Before submitting the final application, it is crucial to notify certain individuals,

• The named recipients of the will. 
• The executor of the will.
• The surviving close family members of the deceased person.

Second Step: Filing The Probate Application

It is now time to submit the documents and papers. The person must file it in the region or city where they now reside.

The request approval procedure might take weeks or even months after it is submitted. However, the way the request is handled by the administration or any problems with it may affect how quickly it is granted.

Third Step: Paying The Fees For The Probate Application

It’s the responsibility of the executor to pay the probate fees and the application cost to the court. You can get your probate fees reduced if you hire the right property lawyer or tax consultant. 

After the probate process gets completed and the will gets the court’s certification. The executor can then continue with the estate administration process of the property according to the will. 

Probate is a very important part of estate planning. Although your executor handles the probate after your death, understanding the importance of making a will can simplify the probate process for your loved ones after your passing away. Let’s know about the different types of probates first.

Type of Probates

There are different kinds of probates. Sometimes, this probate can also be denoted with terms like administration and affidavit. Some of these probates are:-

• Grant of Probate
• Trust Administration
• Letters of Administration
• Ancillary Probate
• Small Estate Affidavit

What is Probate? 

It is a process in which courts formally accept a will or appoint a person in place of the deceased person in case they die without creating a will. Transitioning to the primary purposes of probate, there are several key reasons why this process is necessary:

• Verifying that the person who made the will has passed away.
• Making sure that the deceased person was the original author of the will.
• Ensuring the validity of the will. 
• To give the executor the power to prove their authority in administering the estate in case of unavailability of a will.
• When and where does probate happen, and who handles it? 
• The Estate probate process starts after the passing away of someone. It includes filling out the grant of probate application. Proper documentation and will is required by the executor of this application. 
• Your executor will apply for the probate in the city or the province where you will breathe your last.

If you die without a will, then the court can appoint an administrator to take care of the probate process. If you have already made your will, an executor will handle it. 

The Three-Step Probate Process 

Here’s the step-by-step guide for the probate process:-

First Step: Make The Probate Application

Some helping documents and certain forms are required to file the probate application. They are:-

• Original copy of the will that is duly signed.
• Death certificate of the deceased person.
• A proper record of the assets and liabilities of the person who has died.
• A list of people who will benefit from the will.

Before submitting the final application, it is crucial to notify certain individuals,

• The named recipients of the will. 
• The executor of the will.
• The surviving close family members of the deceased person.

Second Step: Filing The Probate Application

After the required documents and forms get ready, it’s time to submit them.

Third Step: Paying The Fees For The Probate Application

It’s the responsibility of the executor to pay the probate fees and the application cost to the court. You can get your probate fees reduced if you hire the right property lawyer or tax consultant. 

After the probate process gets completed and the will gets the court’s certification. The executor can then continue with the estate administration process of the property according to the will. 

Final Say :

Understanding the three-step probate procedure will make the entire process easier. Moreover, I trust you are familiar with the estate probate application procedure.

Even if you are unable to fully comprehend the probate procedure, you can still seek guidance from a lawyer. In fact, in Kitchener, Waterloo Region, Cambridge, Milton, and the western region of the GTA, there are companies that offer exceptional legal services. So, visit their website right now to avail a free consultation regarding the entire probate procedure.