General information only — not legal, tax, financial, or real-estate advice. Verify with a licensed BC professional before acting.
Selling a home held in an estate involves probate court, tax planning, and the Property Disclosure Statement question. Doug LeMaire, REALTOR® has a long-standing focus on probate transactions — this page lays out the process.
In BC most estates with real property require a Grant of Probate from the BC Supreme Court before title can transfer out of the deceased's name. Notary or lawyer prepares the application. Timeline: 6–16 weeks from filing to grant issue.
The property can be MARKETED and offers accepted 'subject to probate' before the grant issues — this is standard. Closing is contingent on the grant being received. Buyers should be told upfront.
Executors typically decline to complete the PDS because they do not have first-hand knowledge of the property. This is normal and legally permissible. The buyer's inspection carries more weight in a probate sale.
Certain estate transfers between related persons under section 14 of the Property Transfer Tax Act may be exempt. Consult the estate lawyer + a licensed accountant.
The deceased is deemed to have disposed of capital property at fair market value on the date of death. The estate's tax bill uses that date-of-death value; sale price above that value can trigger further estate-level capital gains. Discuss with the estate accountant early.
Grant of Probate: 6–16 weeks. Marketing + accepted offer: 4–8 weeks. Closing (subject to probate): 30–90 days after grant issues. Total: often 4–7 months from date of death to keys handed over.
Long-standing focus on probate. Coordinates with the estate's lawyer + accountant, drafts a listing agreement structured for the estate (executor-signed, grant contingency built in), and manages the marketing sequence so the property lists at the right moment relative to the grant timeline.