When someone passes away, their property doesnât just automatically go to the next person in line. It must go through a legal process to ensure itâs transferred correctly and according to their wishes.
This process includes:
â
Power of Attorney (POA) â Who can make legal and financial decisions on behalf of a loved one?
â
Probate â The legal process of transferring property after death.
â
Executor Responsibilities â If youâre named as an executor, what do you actually have to do?
Understanding these key elements now can save you time, stress, and costly mistakes in the future.
Power of Attorney (POA): What You NEED to Know
A Power of Attorney (POA) is a legal document that allows someone to act on another personâs behalf if theyâre unable to make decisions. But hereâs the catch:
â A POA expires when the person passes away. That means once someone dies, the POA is no longer valid, and the estate moves into probate.
Why does this matter? Because many people assume that if they have a POA, they can continue managing real estate assets after a loved oneâs passing. Thatâs not the case.
The Probate Process: What Happens to a Home After Someone Passes?
Probate is the court-supervised process of legally transferring a deceased personâs assets (including real estate) to their beneficiaries.
Hereâs what happens in probate:
1ď¸âŁ The court reviews the will (if one exists) to determine who inherits the property.
2ď¸âŁ If no will exists, the court follows Albertaâs legal guidelines for distributing assets.
3ď¸âŁ The executor takes responsibility for handling property, debts, and legal paperwork.
4ď¸âŁ The property is transferred to the rightful heirs or sold.
How Long Does Probate Take?
It depends on the situation, but it can take anywhere from a few months to over a yearâespecially if there are disputes or missing documents.
Executor Responsibilities: What If Youâre in Charge?
If youâve been named executor of an estate, itâs your job to ensure everything runs smoothly. Hereâs what youâll need to do:
â Gather all important documents (will, property deed, mortgage info, etc.)
â Work with a lawyer to handle legal filings and court documents
â Settle outstanding debts and expenses before distributing assets
â Ensure the property is properly maintained and transferred
Pro Tip: If the property is in Airdrie, working with an experienced Airdrie real estate expert can help ensure a smooth sale or transfer without unnecessary delays.
How to Prepare Now & Protect Your Familyâs Future
The best way to avoid complications? PLAN AHEAD.
â
Make sure a valid will is in place. This eliminates confusion and legal headaches.
â
Talk to a real estate expert. If thereâs property involved, a professional can help assess the best strategy.
â
Communicate with family members. Open conversations now can prevent disputes later.
Need Help Navigating an Estate Transfer in Airdrie?
Whether youâre dealing with a probate property, power of attorney issues, or estate planning, you donât have to do it alone.
At Maverick Group, we help homeowners and families navigate Airdrie real estate transactions with clarity and confidence. Whether you need to sell an estate home, transfer ownership, or just get expert advice, weâre here to guide you every step of the way.
đ Have questions? Letâs chat! Contact us today for a free consultation.
Prefer to watch? Check out our latest video on how estate transfers work.