Probate and Estate Administration

Estate Administration is the process of managing a deceased person’s affairs after they die (with or without a will). Probate is the legal process where a will is "proved" in court and accepted as the true last will and testament of the deceased. Administration is the legal process where a person dies without a will.

The granting of probate by the court is the first step in the legal process of administering the estate of a testator (deceased person), resolving all claims and distributing the deceased person's property under the will. The Probate Court decides the legal validity of the will and grants its approval, also known as granting probate, to the executor named in the will. The Grant of Probate also officially appoints the executor as the legal representative of the testator’s estate and as having legal power to manage the estate and ultimately dispose of the testator's assets in the manner specified in the testator's will.

When a person dies without a will, the legal representative is known as “the Administrator”. This is commonly a spouse or the closest relative. Instead of a Grant of Probate, the Court issues a Grant of Administration to the Administrator. This process officially appoints the Administrator as the legal representative of the deceased person’s estate with the same powers that an executor would have. However, when a person dies without a will, the Intestate Succession Act of Nova Scotia determines who the beneficiaries of the estate are.

The Probate/Estate Administration team at Taylor MacLellan Cochrane has many years of combined experience in providing advice to Executors/Administrators as well as beneficiaries of estates for a broad range of clients across the Province. When a loved one passes away, looking after their affairs and wishes can often feel overwhelming, especially if you are unfamiliar with the process. Let our Probate/Estate Administration team assist you in navigating through the Estate Administration process and be your trusted advisors every step of the way.

Contact

The Taylor MacLellan Cochrane Probate and Estate Administration Team can be contacted by e-mail at TMC Probate and Estate Team or visit the Contact page for information on how to contact them by phone, fax, mail or to find out where our office is located.