Executor

An executor is the person named in a will to carry out the deceased's wishes, while an administrator is appointed by the court when there is no will. Under BC's Wills, Estates and Succession Act (WESA), SBC 2009, c. 13, both roles are now generally referred to as a "personal representative." Both may deal with real property owned by the deceased, subject to obtaining a grant of probate or administration. Verify current estate administration requirements with a BC lawyer or notary before acting.

Whether probate (officially called a "grant of probate" under WESA, SBC 2009, c. 13) is required depends on factors including the value and registration of the property and the requirements of third parties such as the Land Title Office or financial institutions. BC's Land Title Office typically requires a grant of probate before allowing an executor to transfer or sell land registered in the deceased's name. Verify whether probate is necessary for a specific property with a BC lawyer or notary before acting.

Under BC's Property Transfer Tax Act (PTTA), RSBC 1996, c. 378, exemptions may apply to certain transfers from a personal representative to a beneficiary, depending on the relationship and the terms of the will or intestacy rules. The exemption availability and any filing requirements depend on the specific facts of the transfer. Verify PTT exemption eligibility and current rates with a BC lawyer, notary, or the BC Ministry of Finance before acting.

BC's Wills, Estates and Succession Act (WESA), SBC 2009, c. 13, governs the appointment, duties, and powers of executors (personal representatives) in BC, including dealing with real property in the estate. The Land Title Act, RSBC 1996, c. 250, governs how legal title to land is registered and transferred, including transfers by personal representatives. Verify the specific legal duties and procedures for estate real estate with a BC lawyer or notary before acting.

Personal representatives acting as sellers of real property are generally subject to the same disclosure obligations as any other seller under BC common law and contract law principles, including disclosure of known latent defects. The Real Estate Services Act (RESA), SBC 2004, c. 42, and RESA Rules regulate real estate licensees, not executors directly, but executors should seek legal advice on disclosure duties. Verify specific disclosure obligations and potential liability with a BC lawyer before listing or selling estate property.

Under WESA, SBC 2009, c. 13, a personal representative has powers to manage estate property, which may include leasing real property, subject to the terms of the will and duties to beneficiaries. The Residential Tenancy Act, SBC 2002, c. 78, governs residential tenancies in BC and applies to estate property rented to tenants. Verify the scope of authority and any required court approvals for leasing estate real estate with a BC lawyer or notary before acting.

Under the Strata Property Act (SPA), SBC 1998, c. 43, strata fees and bylaw obligations run with the strata lot and remain payable by the registered owner or the owner's estate. The executor, as personal representative managing estate assets, is responsible for paying ongoing strata fees, special levies, and complying with bylaws until the property is transferred or sold. Verify current obligations and any arrears with the strata corporation and a BC lawyer or notary before acting.

The Prohibition on the Purchase of Residential Property by Non-Canadians Act, SC 2022, c. 10, restricts purchases by non-Canadians but does not prohibit sales. An executor (whether resident or non-resident) may sell estate real property in BC, subject to compliance with WESA, SBC 2009, c. 13, and any tax withholding or reporting requirements under federal and provincial law. Verify tax withholding and filing obligations for non-resident executors with a BC lawyer, notary, or licensed tax professional before acting.

Under the Real Estate Services Act (RESA), SBC 2004, c. 42, and RESA Rules, a personal representative acting in their capacity as executor to sell estate property is generally not required to be licensed as a real estate licensee. The exemption applies because the executor is acting on behalf of the estate, not as a trader or agent for third parties. Verify the scope of the exemption and whether professional representation is advisable with a BC lawyer, notary, or the BC Financial Services Authority (BCFSA) before acting.

Under BC's Home Owner Grant Act, the grant is a property tax reduction for owner-occupiers; eligibility generally ends when the owner dies unless a qualifying surviving spouse or other person continues to occupy the property. The executor should notify the relevant municipal or provincial authority of the owner's death and verify the status of any current-year grant. Verify Home Owner Grant eligibility and repayment obligations with the BC Ministry of Finance or a BC lawyer or notary before acting.