Being named as the executor of an estate can place you in a difficult position even as you strive to do the best job possible during a challenging time. Executors face a complex and varied set of tasks. The process to follow may not always be easy to understand, especially in the midst of grief. An early understanding of whether you should speak to a probate lawyer is very important, as the first 30 days are of critical importance for an executor. Taking the right steps early on sets the tone and pace for future developments with the estate.

Likewise, mistakes at this early stage can lead to many headaches, such as delaying a grant of probate in Alberta and postponing the release of assets from the estate. Consider the following factors when deciding whether to contact a lawyer.

What Needs to Happen Right Away?

In your first 30 days as an executor, there are several key first steps you’ll need to take. Completing these items sets the stage for further developments in the administration of the estate. You will need to focus on:

• Identifying, listing, and securing the assets of the deceased, including property, bank accounts, cash, and any other valuables that contribute to the total value of the estate.
• Locating the original or most recent valid version of the will to confirm your status as executor and other key facts about the wishes of the deceased.
• Notifying key institutions (such as banks or creditors), relevant government agencies, and the beneficiaries named in the will.

Note that you cannot yet begin distributing assets from the estate at this early stage. Because these tasks can be very involved, especially notifying relevant parties, seeking legal support can ease your burden and ensure these key steps are completed quickly and efficiently.

Understanding the Grant of Probate

While not all estates must obtain a grant of probate, many do. During your first 30 days, you will need to determine whether you must apply for a grant or not. Since the majority of estates require one, you cannot legally move on to distributions or other actions without the grant.

A lawyer can analyze information about the estate, such as its value, to help you make the determination and provide further details on what the grant of probate is for and why you need one. Legal support also ensures accuracy in your applications to the court; errors in this process, such as a failure to notify beneficiaries or to make a complete inventory of the estate, can cause lengthy delays and push back the distribution timeline. Such delays can lead to financial difficulties and hardships for family members.

Why Early Legal Advice Makes the Difference

Being an executor is a big responsibility. Making mistakes can be costly in terms of time and money, leading to frustration and even possible disputes. Consider that any of the following errors can lead to concerning problems:

• Paying down debts or distributing assets before a grant of probate.
• Failing to give notice to the relevant parties.
• Improperly valuing assets.
• Failing to identify all the assets subject to the provision.

Additionally, executors do face some degree of personal risk. If you pay the estate’s debts in the wrong order or proceed with distributions before you’re legally allowed to do so, you will face personal liability to compensate creditors or beneficiaries affected by the mistakes.

Apart from the liability issue, mistakes can complicate estate administration, lead to more time spent in court, and have negative impacts on the family. However, working with a probate lawyer can ensure your application is complete and correct before filing. Your lawyer can handle the application preparation, coordinate with the court, and provide advice on your duties to ensure you do not encounter any pitfalls.

With help from someone experienced in Alberta’s procedures, you can avoid unnecessary delays and carry out your duties with confidence.

Learn More About What to Do as an Executor

Remember, the first 30 days as an executor are among the most crucial. Handling matters correctly and promptly sets the tone for the rest of the estate’s administration. The professional experience and support of a probate lawyer help reduce the pressure you face and let you build confidence in your role while also providing space for the grieving process. From assessing the estate to applying for a grant of probate and beyond, the team at Lypkie Henderson can help you make your first 30 days as an executor a success and set the stage for a smoother process. Reach out to our firm today to schedule a consultation to better understand your responsibilities, the probate process, and more.