Probate Sale

A probate sale is the sale of real property owned by a deceased person, managed by the executor or administrator of the estate. Under s. 129 of the Wills, Estates and Succession Act, SBC 2009, c. 13 (WESA), an executor typically must obtain a grant of probate (or grant of administration) from the BC Supreme Court before they have legal authority to transfer or sell the deceased's real property. The executor is required to act in the best interests of the estate beneficiaries and obtain fair market value for estate assets. Verify current court procedures and estate requirements with a BC lawyer or notary before acting.

In most cases, yes. Under s. 129 of the Wills, Estates and Succession Act, SBC 2009, c. 13, an executor or administrator generally requires a grant of probate or grant of administration to deal with real property in the deceased's sole name. Some exceptions may apply (for example, jointly held property with right of survivorship, or certain trusts), but the Land Title and Survey Authority of BC typically requires a grant before registering a transfer from a deceased owner. Verify your specific circumstances with a BC lawyer or notary before proceeding.

Probate sales typically take longer than standard real estate transactions because the executor must first apply for and obtain a grant of probate from the BC Supreme Court, a process that can take several weeks to several months depending on the complexity of the estate and court scheduling. After the grant is issued, the executor must then list, market, and complete the sale, which adds further time. Because timelines vary widely based on estate complexity, court backlogs, and creditor claims, verify the expected timeline for a specific estate with a BC lawyer or notary before acting.

While probate properties are sometimes perceived as offering value, executors in BC have a legal duty to act in the best interests of estate beneficiaries and to obtain fair market value for estate assets under the Wills, Estates and Succession Act, SBC 2009, c. 13. Executors who sell below market value may face liability to beneficiaries. As a result, probate sales are typically marketed at or near fair market value, and any perceived discount often reflects the property's condition or market conditions rather than the probate process itself. Verify the property's value and condition with a BC licensed real estate professional and your own advisors before making an offer.

Yes. Under the Property Transfer Tax Act, RSBC 1996, c. 378, PTT is generally payable when title to real property is registered in BC, including when a buyer purchases property from an estate. The general PTT rate is 1% on the first $200,000 (as of 2026-07-27 — verify current), 2% on the portion from $200,000 to $3,000,000 (as of 2026-07-27 — verify current), 3% on the portion from $3,000,000 to $4,000,000 (as of 2026-07-27 — verify current), and 5% on the portion above $4,000,000 (as of 2026-07-27 — verify current), plus any applicable additional PTT if the buyer is a foreign entity or taxable trustee. First-time home buyer and newly built home exemptions may be available to qualifying purchasers. Verify current PTT rates, exemptions, and your eligibility with a BC lawyer, notary, or the BC Ministry of Finance before completing your purchase.

Generally, no — once the executor has obtained a grant of probate under the Wills, Estates and Succession Act, SBC 2009, c. 13, they have the authority to sell estate property without additional court approval, provided they act in accordance with their duties to the beneficiaries and obtain fair market value. However, if the will or a court order imposes special conditions, or if there is a dispute among beneficiaries, the executor may seek court direction or approval. Verify whether court approval is required in a specific estate with a BC lawyer or notary before proceeding.

Yes. Probate sales in BC are subject to standard real estate contract law, and executors may accept offers that include conditions such as financing, inspection, or the sale of the buyer's existing property, just as any other seller would. However, the executor must ensure that the terms are reasonable and in the best interests of the estate beneficiaries. The contract of purchase and sale is governed by the common law of contract in BC and any specific terms negotiated by the parties. Verify the appropriateness of contract terms and conditions with a BC lawyer or licensed real estate professional before signing.

The estate (i.e., the seller) typically pays the real estate commission, which is deducted from the sale proceeds before distribution to beneficiaries. The commission is an estate expense and is negotiated between the executor and the listing brokerage in accordance with the Real Estate Services Act, SBC 2004, c. 42, and standard industry practice. The executor has a duty to act prudently and in the best interests of the beneficiaries when engaging service providers and incurring estate expenses. Verify the reasonableness of commission and other estate expenses with a BC lawyer or notary, and ensure all real estate services are provided by licensees in good standing with the BC Financial Services Authority (BCFSA).

The executor must pay off or discharge any registered mortgages, liens, or other encumbrances on the property from the sale proceeds at closing, in accordance with the Land Title Act, RSBC 1996, c. 250, and standard conveyancing practice. If the estate has insufficient funds to pay all debts, the executor must follow the statutory order of priority for paying creditors under the Wills, Estates and Succession Act, SBC 2009, c. 13. If debts exceed assets, the estate may be insolvent, and different rules apply. Verify the estate's financial position and the priority of claims with a BC lawyer before completing a probate sale.

Yes, a beneficiary may purchase estate property, but the executor must ensure the transaction is conducted at fair market value and on terms that are fair to all beneficiaries, to avoid conflicts of interest and potential liability. The executor's fiduciary duties under the Wills, Estates and Succession Act, SBC 2009, c. 13, require transparency, fairness, and acting in the best interests of all beneficiaries. Independent appraisals and disclosure to all beneficiaries are prudent steps. Verify the process for intra-family or beneficiary purchases with a BC lawyer or notary to ensure compliance with the executor's duties and avoid future disputes.