Advantages of a Lawyer with Administration (Intestacy)
To schedule an appointment, contact our law firm at 403-400-4092 or Chris@NeufeldLegal.com
Retaining the legal services of a knowledgeable probate/administration lawyer to complete the application for a Grant of Administration, where the deceased person died without a will (intestate), offers several key advantages, which are often enhanced by the availability to Alberta lawyers of the Surrogate Digital Service.
General Advantages of Using a Lawyer for an Intestate Estate Application
A. Expertise in Intestacy Law
When there is no will, Alberta's Estate Administration Act dictates who has the priority to apply for the Grant of Administration and who the beneficiaries are. A lawyer serves to:
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Identify the appropriate person to apply for the Grant of Administration.
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Identify the appropriate beneficiaries in accordance with intestacy laws.
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Undertake all necessary renunciations or nominations from other family members with priority, such that they are properly handled.
B. Accuracy and Completeness of Application
The application for a Grant of Administration is complex and requires specific forms and supporting documentation. A lawyer's experience minimizes errors, omissions, or the use of incorrect forms, which are common reasons for the Court to reject an application, leading to significant delays. Lawyer's are further advantaged of their exclusive ability to use the streamlined Surrogate Digital Service (as discussed later).
C. Reducing Personal Liability
The Administrator (Personal Representative) assumes significant legal duties and potential personal liability. A lawyer provides advice to help the Administrator:
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Identify all estate assets and liabilities.
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Properly advertise for creditors.
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Correctly distribute the estate according to the Estate Administration Act (Alberta).
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Address tax requirements, including obtaining a tax clearance certificate.
D. Managing Disputes and Complexities
Intestate estates can be particularly prone to disputes among family members. A lawyer can act as a neutral third party to: Manage communications between beneficiaries and potential claimants. Advise on complex legal issues, such as a possible claim by an Adult Interdependent Partner or issues with land titles.
E. Relief from Stress and Time Commitment
The process is time-consuming and emotionally taxing, especially after a loss. A lawyer handles the often "weighty" paperwork and procedural requirements, freeing the Administrator to focus on other matters.
F. Estate-Covered Costs
The legal fees for "core legal services" in administering the estate are typically paid by the estate itself, meaning the costs do not come out of the Administrator's pocket or their personal share of the inheritance.
Further Advantages Enhanced by the Surrogate Digital Service
The Surrogate Digital Service (SDS) is the mandatory electronic filing system for Grant applications for lawyers in Alberta, and its features augment the value of retaining legal counsel:
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Faster Processing Times: Applications submitted through the SDS by lawyers are generally processed much faster (in weeks, if not days, rather than months for older paper process, that non-lawyers must utilize).
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Reduced Rejections: The SDS features digital checks and validations that ensure forms are completed correctly and data is entered accurately, significantly reducing the chances of the application being rejected by a Court Clerk.
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Simplified Forms and Data Entry: The SDS uses new, simplified Grant Application (GA) forms and automates calculations, which a lawyer can navigate efficiently to prepare the application.
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Digital Communication and Service: The system allows for digital certification by the applicant, online payment, and digital service of notices to beneficiaries and claimants via email, making the procedural steps for the lawyer and applicant more seamless.
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Tracking and Transparency: Lawyers and their authorized legal assistants can track the status of the application online, offering a clearer view of the process than the previous paper-based system.
Contact our law firm today to learn how our legal team can help you with the legal demands following the death of a loved one, from probating the decedent's last will & testament to administering an estate where the decedent did not have a valid will. Contact our law firm at 403-400-4092 or via email at Chris@NeufeldLegal.com to schedule a confidential initial consultation.
Please Note: This information provides a general overview. Specific circumstances may require additional steps or variations in the process.
IMPORTANT NOTE: This website is designed for general informational purposes. The site is not designed to answer specific questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice. If you want specific legal advice, you need to engage a lawyer under established legal engagement procedures that have been specifically agreed to by that lawyer.
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