Estates - FAQs
If you are wondering what to bring to your first estate appointment or have questions about the estate process, we have compiled a list of frequently asked questions to help guide you.
What do I need to bring to my first appointment?
We are required to verify your photo ID (ie: Driver’s License, Passport). Please make sure it is not expired.
Please also bring your completed Estates Questionnaire, the original Will of the Deceased (if available), a Death Certificate and any financial statements of the Deceased that you may have in your possession.
Do you offer virtual appointments?
We offer virtual instruction and signing appointments. However, we require hard copies of the original Will and Death Certificate. If you elect to meet with us virtually, we will request that you forward the original Will and Death Certificate of the deceased to our office via courier or in-person drop-off.
Does it matter that the Will was prepared by another law firm?
Our office can be retained to probate a Will prepared by our office or by another law firm. We can assist you in collecting the original Will from another law firm, if necessary.
What does it cost to obtain probate?
Our firm offers competitive rates based on the nature of the file. In particular, rates depend largely on whether or not the Deceased had a valid legal Will at the time of their passing. Please feel free to reach out to our office to obtain a direct quote specific to your situation.
How long does it take to obtain a probate certificate?
There is no set timeline for obtaining a probate certificate.
The length of time depends on two factors: when you provide us with complete Estate information; and how long the Court takes to issue the Certificate once our application has been completed.
The sooner that you are able to provide us with complete Estate information, the sooner the application can be prepared. However, once the application has been submitted to the Court,
the return time for the Certificate is out of our hands. We should be able to provide you with a general estimate return time based on the jurisdiction in which the application is submitted.
Do the beneficiaries need to come in for the appointment?
No. The beneficiaries do not need to attend your appointment.
You will communicate directly with beneficiaries throughout the estate administration process, with our guidance. If any of the beneficiaries retain their own legal counsel, we will communicate directly with their lawyer, as needed.
Do I give the beneficiaries a copy of the Will right away?
Beneficiaries are entitled to receive a full copy of the Will if they are named as residual beneficiaries in the Will. If the beneficiary is to receive a specific bequest, they are entitled to receive the portion of the Will that pertains to them directly.
The timing of when to release this information is matter-specific and can be discussed with the lawyer in greater detail during your intake appointment.
The beneficiaries are asking when they get their money, what do I say?
There are often a number of steps that need to be completed in the administration of an Estate prior to distributing beneficiary funds.
As Estate Trustee, you are responsible for ensuring that the Estate is properly administered before distributing funds to beneficiaries.
Our lawyers can guide you on how and when to respond to these types of inquiries.
I don’t live in the same area as the deceased am I still able to be the executor?
Yes. Please give our office a call for matter-specific details, and guidance.
Do I need to be in the same area as the lawyer?
No. Please give our office a call for matter-specific details, and guidance.
The deceased lived in a different area than the Bay of Quinte- Can I still use my lawyer here in the Bay of Quinte?
If a probate application needs to be filed for the Estate, it must be filed in the jurisdiction where the Deceased last resided.
However, our firm is equipped to file probate applications and administer Estates in jurisdictions across Ontario.
You can feel free to use our services regardless of where the Deceased lived. Similarly, we offer virtual appointments and electronic signatures, where permitted, to assist you in administering an Estate regardless of where you may live.
If you live outside of Canada, there may be additional steps to complete in becoming appointed Estate Trustee.
Please give our office a call for matter-specific details, and guidance.