Do you need probate before selling a deceased person’s home in BC?
It depends on how the property was owned and the circumstances of the estate. When a home was registered solely in the deceased person’s name, a grant of probate or administration may be required before title can ultimately be transferred. Property held in joint tenancy, among other circumstances, can be treated differently.
For an executor dealing with a Greater Victoria property, the important point is to understand the legal timeline early and prepare the property alongside it rather than treating them as two completely separate processes.
If you are settling an estate, the home may be one of its largest assets and one of the more complicated pieces to deal with. There is the legal process, but there are also practical decisions around value, condition, contents, preparation and eventually bringing the property to market.
Those two timelines do not always move at the same pace.
This article is written from a real estate perspective, not a legal one. I am a REALTOR®, not a lawyer, and every estate is different. Questions about probate, an executor’s authority and when an estate can enter into or complete a real estate transaction should always be confirmed with the estate’s lawyer or notary.
Why probate can affect the timing of a property sale
When real estate is registered solely in the name of someone who has died, the estate may need a grant of probate or administration before the property can ultimately be transferred through the Land Title Office.
The process is different when a property was held in joint tenancy with a surviving owner, and there are other circumstances that can affect whether probate is required.
That is why one of the first questions for the estate’s legal advisor should be straightforward: what needs to happen before this particular property can be transferred, and what can we be doing in the meantime?
The answer helps establish the real estate timeline.
The probate timeline has several parts
One reason probate can take longer than families initially expect is that there isn’t necessarily one single waiting period. Work has to happen before the application is submitted, followed by the court process itself.
That can include locating the will and other records, identifying and valuing estate assets, preparing the required documents and providing notice to the people entitled to receive it.
Under BC’s Supreme Court Civil Rules, an application for an estate grant generally cannot be submitted until at least 21 days after the required notice and applicable materials have been delivered.
Once the application has been submitted, processing time can vary depending on the circumstances of the estate, the completeness of the application and the court registry.
For that reason, it is better to think in terms of months rather than assuming probate will be resolved within a few weeks. The estate’s lawyer or notary is the appropriate person to provide guidance on current timelines and the circumstances of a particular estate.
From a real estate perspective, however, the important question becomes: what can be accomplished while that process is underway?
What can be done with the property while probate is underway?
A significant amount of the property preparation can potentially happen alongside the estate’s legal work.
That might include establishing a current market value, reviewing recent comparable sales, understanding the likely buyer for the property and deciding which preparation is actually worthwhile.
For a long-held home, there may also be practical questions worth identifying early.
Greater Victoria has a substantial stock of older homes, and an estate property may not have changed hands for decades. Electrical systems, former oil heating infrastructure, drainage, deferred maintenance or unpermitted alterations can become relevant when the property eventually reaches the market.
Not every issue needs to be fixed.
Sometimes the appropriate strategy is to complete certain work before listing. Sometimes it makes more sense to price and market the property with its existing condition in mind. The useful part is understanding those trade-offs before there is an accepted offer and a buyer’s due-diligence period has started.
BC Assessment is a starting point, not a sale price
Executors sometimes begin with the property’s BC Assessment value because it is an accessible number attached to the home.
It is useful context, but assessed value and current market value are different things.
Market value depends on what comparable properties are selling for now, the condition of the home, its specific location and characteristics, current inventory and the buyers competing for that type of property.
For an estate, having a well-supported understanding of market value can also make conversations among executors, beneficiaries and professional advisors easier. Rather than relying on assumptions about what the home “should” be worth, everyone is working from the same current market information.
BC Assessment provides public assessment information for properties throughout the province, while the Victoria Real Estate Board publishes monthly statistics on current conditions across Greater Victoria.
Preparation does not necessarily mean renovation
This is particularly important with estate properties.
A home that has been owned for 30 or 40 years may look dated compared with newer listings, but that doesn’t automatically mean the estate should renovate it before selling.
The right question is whether a particular improvement is likely to meaningfully change how buyers perceive or value the property relative to its cost, time and risk.
Sometimes relatively simple work such as removing contents, cleaning, addressing deferred exterior maintenance or improving presentation can make the home considerably easier for buyers to evaluate.
In other situations, particularly where land value or renovation potential is an important part of the purchase, extensive improvements may offer little advantage.
That decision should be based on the property and its likely buyer rather than a generic checklist of things to fix before selling.
Build the real estate plan before you need it
The advantage of starting early isn’t necessarily getting the property onto the market sooner.
It is having fewer decisions left to make when the estate is ready to proceed.
Pricing can be researched. Property issues can be identified. Contents can be dealt with. Trades or other professionals can be brought in where appropriate. Photography, marketing and listing preparation can be planned.
Then, when the legal side of the estate allows the transaction to move forward, the executor has a clear property strategy rather than starting from the beginning.
Frequently Asked Questions
How long does probate take in British Columbia?
There isn’t one timeline that applies to every estate. BC’s Supreme Court Civil Rules generally require at least 21 days between delivery of the required notice and submitting the application for an estate grant. Preparation before filing and court processing add additional time, and more complicated estates can take longer.
For planning purposes, executors should speak with the estate’s lawyer or notary about current processing times and the circumstances that could affect their particular application.
Can you list an estate property before probate is granted?
Potentially, but whether an executor has authority to list a property or enter into a contract before an estate grant is issued depends on the circumstances and should be confirmed with the estate’s legal advisor.
What can often happen earlier is the preparation: determining market value, reviewing the condition of the property, deciding what work is worthwhile and developing a marketing strategy.
What can delay an estate property sale in Greater Victoria?
There can be delays on both the estate and property sides.
The probate process itself can affect timing, while the property may introduce additional considerations such as deferred maintenance, insurance concerns, missing information or decisions about contents and preparation.
Identifying those issues while the estate’s legal work is underway can reduce the number of decisions that still need to be made when the property is ready to move forward.
Plan the property alongside the estate
For an executor, dealing with a home can involve considerably more than putting a sign on the lawn.
There are legal questions that belong with the estate’s lawyer or notary. There are also property questions: what the home is worth in the current Greater Victoria market, what preparation makes sense, what buyers are likely to care about and how to position the property when the time comes.
Those conversations can start well before the property is ready to change hands.
If you are an executor or advisor working through an estate that includes a property in Greater Victoria, our team is happy to help you understand the real estate side of the process and build a plan around the estate’s timeline. Contact us.
North Pacific Homes Group, eXp Realty
Greater Victoria & South Vancouver Island
250-634-2141
Thanks for being here,
Alex Hughes, REALTOR®, Personal Real Estate Corporation — North Pacific Homes Group (eXp Realty) | Victoria, BC Real Estate
Ricki-Lee Jewell, REALTOR® — North Pacific Homes Group (eXp Realty) | Victoria, BC Real Estate
Steven Reilander, REALTOR® — North Pacific Homes Group (eXp Realty) | Victoria, BC Real Estate
Sources & Further Reading
This article is intended to provide general real estate information and should not be considered legal advice. Probate requirements and an executor’s authority can vary depending on the estate and how a property is owned. Executors should obtain advice from a BC lawyer or notary regarding their specific circumstances.
For readers who would like to explore the legal and property information referenced in this article further:
BC Laws: Supreme Court Civil Rules, Part 25: Estates
The provincial court rules governing applications for estate grants in British Columbia, including the notice requirements and the minimum 21-day period before an application can generally be made.
Land Title and Survey Authority of British Columbia (LTSA): Land Title Practice Resources
Information and guidance relating to changes in registered ownership following a death, including transmission of property to an executor or administrator.
BC Assessment: Market Value and Property Assessment
An explanation of how assessed values are established in British Columbia and why an assessment may differ from a current real estate valuation.
Victoria Real Estate Board: Current Statistics
Monthly sales, inventory and benchmark price information for Greater Victoria, useful for understanding the market conditions in which an estate property may eventually be sold.
