Introduction
When someone passes away, their estate must be settled according to their wishes and the law. Two common terms often come up in this process: will and probate. While closely related, they serve different purposes. Understanding the difference can help families navigate estate administration more smoothly.
1. What is a Will?
A will is a written legal document created during a person’s lifetime. It outlines how their assets, property, and possessions should be distributed after death. A will can also name an executor — the person responsible for carrying out these instructions — and may designate guardians for minor children. Wills ensure the deceased’s wishes are respected, but they often must go through probate before becoming legally enforceable.
2. What is Probate?
Probate is the legal process of validating a will after someone passes away. It confirms that the document is genuine and grants the executor legal authority to manage the deceased’s estate. Probate involves presenting the will to a provincial court, settling debts, paying taxes, and distributing assets according to the will. If no valid will is found, probate still takes place, but assets are distributed under provincial intestacy laws.
3. Key Differences Between a Will and Probate
- Timing: A will is created while someone is alive, while probate only happens after death.
- Purpose: A will expresses wishes; probate enforces them legally.
- Authority: A will names an executor; probate empowers that executor to act.
- Court Role: A will alone does not transfer assets; probate provides the court’s validation.
4. Why Understanding Both Matters
Many people assume that writing a will is enough, but without probate, families may face legal obstacles in accessing bank accounts, selling property, or distributing assets. Knowing the difference helps families prepare properly and ensures executors understand their responsibilities.
Conclusion
A will and probate work hand in hand: the will outlines the deceased’s wishes, and probate legally enforces them. By planning ahead — writing a clear will and preparing for the probate process — families can avoid unnecessary delays and conflicts during an already difficult time.