It's no secret that the process of probate - distributing a deceased person's assets according to their will - can be lengthy, complicated, and expensive. Families who are already grieving the loss of a loved one often find themselves overwhelmed by the legal details and paperwork required to settle the estate.

While the probate process is certainly not easy, there are a number of common myths about it that make it seem even more daunting than it actually is. In this blog post, we'll debunk some of these myths and help you understand what you can expect if you find yourself in the position of having to settle an estate.

Myth #1: Probate is always necessary

One of the most common misconceptions about probate is that it is always required in order to settle an estate. In reality, whether or not probate is required depends on the specific assets involved in the estate and how they are titled.

In Alberta, probate is only required for land the deceased person alone, as a tenant in common and may be required if it is jointly owned with someone who is not their spouse. Often it is the value of the estate and the banks that require a grant of probate for an estate to adminstered.

Myth #2: Probate takes years to complete

Another common myth about probate is that it takes years to settle an estate. While every estate is different and some may take longer than others to settle, in general, the process does not take nearly as long as people think.

In Alberta, the average time frame for completing an application for probate and obtaining a grant of probate can take weeks to months depending on the complexity of an estate. Of course, there are always exceptions and some estates may take longer to settle due to complexity or disputes among beneficiaries. However, in most cases, the process can be completed relatively quickly.

Myth #3: Probate is expensive

While the cost of probate can vary depending on the size and complexity of an estate, it is generally much less expensive than people think.

In Alberta, there is a court filing fee, that is currently a maximum of$525. Additionally, there may be fees for publication, and certified copies of documents; however, these fees are typically very minimal. Lawyer fees may vary.

In complex estates where multiple beneficiaries are involved or there are disputes among beneficiaries, legal representation is recommended.

At Tiffen Law Office , we understand that dealing with a loved one's estate can be a difficult and emotional process. Our goal is to help make things as smooth and stress-free as possible for our clients. If you need assistance with settling an estate or have any questions about probate law in Alberta , please contact us today. We would be happy to help you through this tough time.