ESTATE SALES: A STEP-BY-STEP GUIDE

Selling a home as part of an estate in British Columbia involves specific legal steps, probate rules, and executor responsibilities. Whether you’re an executor or beneficiary, understanding the BC estate real estate sale process can help you avoid delays, disputes, and costly mistakes.

This step-by-step guide explains how estate property sales work in BC, from death to distribution.

How do estate real estate sales work in British Columbia?

In British Columbia, an estate real estate sale is typically handled by the executor after obtaining a Grant of Probate. The executor lists and sells the property, pays estate debts and taxes, and distributes the remaining proceeds to beneficiaries according to the will or BC law.

Step 1: Confirm the Executor’s Legal Authority

Only the executor named in the will or a court-appointed administrator has the authority to sell estate property in BC.

Key documents include:

• The original will

• Death certificate

• Executor identification

If there is no will, the court must appoint an administrator before the property can be sold.

Step 2: Determine Whether Probate Is Required in BC

In most cases, probate is required to sell real estate in British Columbia.

Probate is typically required when:

• The property is solely in the deceased’s name

• There is no surviving joint owner

• Land Title Office requires court authority

The executor must apply for a Grant of Probate through the Supreme Court of British Columbia before listing or completing a sale.

Step 3: File the Probate Application

The probate process includes:

• Submitting the will to the court

• Filing probate forms

• Paying probate fees (based on estate value)

Probate timelines in BC commonly range from 8 to 16 weeks, though delays are possible.

Step 4: Secure and Insure the Estate Property

Vacant estate homes require special attention.

Executor responsibilities include:

• Updating home insurance to reflect vacancy

• Securing doors, windows, and valuables

• Maintaining utilities and regular inspections

Failure to update insurance can invalidate coverage.

Step 5: Obtain a Property Valuation or Appraisal

A professional valuation helps:

• Establish fair market value for probate

• Support capital gains tax calculations

• Reduce beneficiary disputes

This valuation is often used as the property’s adjusted cost base for tax purposes.

Step 6: Decide Whether to Sell “As-Is” or Improve the Property

Most estate properties in BC are sold as-is, especially when:

• The home is dated

• The executor wants to minimize liability

• Beneficiaries want a faster sale

Executors should avoid major renovations unless all beneficiaries agree in writing.

Step 7: Clear the Home and Manage Personal Contents

Before listing:

• Distribute items to beneficiaries

• Hold an estate sale or donate contents

• Arrange professional junk removal

A cleared home typically attracts more buyers and stronger offers.

Step 8: Hire a Realtor Experienced in BC Estate Sales

Estate real estate sales require specialized knowledge.

Choose a Realtor who:

• Has experience with probate sales in BC

• Understands executor authority

• Coordinates with estate lawyers and accountants

This reduces legal risk and transaction delays.

Step 9: List and Market the Estate Property

The Realtor will:

• Price the home based on market data

• Disclose estate-related details

• Market to appropriate buyers

Transparency is essential in estate real estate transactions.

Step 10: Accept an Offer and Complete the Sale

Once an offer is accepted:

• Confirm probate conditions are satisfied

• Complete executor disclosures

• Close the sale through a BC notary or lawyer

In some cases, court approval must be completed before closing.

Step 11: Distribute Sale Proceeds

After completion:

• Pay estate debts, taxes, and legal fees

• File final estate accounting

• Distribute proceeds to beneficiaries

Executors must keep detailed records to avoid personal liability.

Common Mistakes in BC Estate Real Estate Sales

• Listing the property before probate approval

• Using a Realtor without estate experience

• Poor communication with beneficiaries

• Incorrect pricing due to lack of valuation

• Ignoring capital gains tax implications

Estate Real Estate Sale FAQ (BC)

How long does an estate real estate sale take in BC?

Typically 6 to 12 months, depending on probate timelines, property condition, and market conditions.

Can an executor sell a house before probate in BC?

In most cases, no. The Land Title Office usually requires a Grant of Probate.

Do all beneficiaries need to agree to sell?

Not always, but disputes can delay probate or result in court challenges.

Estate real estate sales in British Columbia are highly regulated and require careful coordination between executors, lawyers, and real estate professionals. With the right process and guidance, estate property can be sold efficiently while minimizing conflict and legal risk.

Early planning and professional support make all the difference.