How It Works
Upon death, the deceased’s assets and liabilities are transferred to a temporary legal entity called an Estate. Most banks, lenders and pension holding companies will not release estate assets until they receive a formal court order of authorization. This typically applies to property and other assets.
In Alberta, the process is overseen by the estate division of the Court of King’s Bench of Alberta, which is responsible for ensuring everything is done according to the law.
Any assets in the estate will generally be frozen until debts are paid and probate is granted by the court. For estates with a will in place, this requires a Grant of Probate. If no will exists, it involves a Grant of Administration. These court orders dictate how the estate is to be distributed.
Our Role as Your Lawyer
Where necessary, Kunyk Law will manage the application process on your behalf, including serving the relevant notices on creditors or potential beneficiaries, and will ensure a grant of probate or letter of administration are obtained before releasing the funds in the estate.
