Probate Court Oakville
Probate Court Oakville
A Probate Court deals with matters of probate and Administration of Estates. The Probate Court provides protection of Heirs, Legatees, and estate creditors. It has the powers to authorize the appointment of executors, administrators, appraisers and guardians. The court also supervises and ensures proper management and distribution of estate assets.
The probate court is presided over by a judge and the Registrar. The Registrar has the responsibility of taking care and custody of all wills, documents, books, letters, transcripts, exhibits and any other records belonging to the court. Property that is registered in the name of the deceased often cannot be transferred to the beneficiaries without a probate of the Will. The Probate Court has the powers to grant legal authority to the executors to transfer the property of the deceased accordingly.
Some of the Grants commonly issued by the Probate Court are the following:
Grant of Probate
In instances where a person dies having left a will. The Probate Court issues a Grant of Probate. It is a document from the Probate Court that certifies the will was properly proved to be the last will of the deceased. The grant gives authority to the executor to deal with the estate of the deceased. The authority emanates from the will. The grant is evidence that the executor indeed has the authority.
Grant of Administration
Grant of Administration is a document issued by the Probate Court where a person dies without a valid will (intestate). The grant is issued to a person appointed by the court who is referred to as an Administrator. The grant is evidence that the administrator has the authority to deal with a deceased estate. In a Grant of Administration unlike the Grant of Probate where the executor gets his authority from the will, the administrator gets his authority from the Grant.
Grant of Administration with will Annexed
A Grant of Administration with will Annexed is a document issued by the probate court where a person dies leaving a will which doesn’t name the executor, or where the named executor can’t act. The will has to be proven as if a Grant of Probate had been applied.
You can at times not be required to pay probate fees, court costs or taxes by avoiding probate. Contact us in Oakville for assistance in administering the assets when probate may not be necessary.