Probate Basics

Probate is latin for a thing proved. When someone dies the government wants to make sure that the estate is divided up legally. Hence, probate is about proving that a deceased's affairs are handled properly.

Odds are the first time you hear about probate is when you become the personal representative (a.k.a executor or administrator) of someone's estate. If you are lucky then you've had time to prepare and are aware of the assets of the estate; most likely, you were caught off guard and are busy with funeral arrangements and a whirlwind of activities you never dreamed of.

Probate is not difficult, but you will quickly learn that it is not about transferring the estate's assets to the heirs. Nope. Probate is about first making sure that the government and the deceased's creditors get anything they are owed before dividing the rest of the estate between the heirs.

You can probate an estate without an attorney. Probate is a legal process and there is much paperwork, but none of the documentation is difficult to produce. It will take you longer to learn about the probate process then it will take you to handle it yourself.

I'm not an attorney and can't give legal advice, but 90% of Canadians and 10% of Americans probate estates without the services of an attorney. See the DIY section of my website for pointers on probate in Washington for the US and British Columbia in Canada.

The next few blog entries will attempt to demystify the probate process which is common to countries using English common law.