Updated September 2026
I'm sorry you're dealing with this. Selling a family home as an executor is emotional and often happens while you're sorting out everything else. The steps below will help you plan, but talk to a lawyer or notary about the estate before you sign anything.
Probate comes first
In BC, the executor usually needs a grant of probate from the court before the home can be transferred to a buyer. Probate confirms the will and the executor's authority. Before applying, the executor must give 21 days' notice to beneficiaries and others entitled, and the process commonly takes a few months.
Can the home be listed before probate?
Before the grant, an executor may not yet have clear legal authority to sign a listing or a sale contract. The regulator, BCFSA, advises getting legal advice first. In practice, many estate homes are prepared, and sometimes listed, while probate is underway. Any accepted offer is then made subject to probate being granted by a set date. Your lawyer will tell you what's safe in your situation.
Probate fees in BC
Probate fees are based on the value of the estate in BC. There's no fee on the first $25,000. Then it's $6 per $1,000 from $25,000 to $50,000, and $14 per $1,000 (about 1.4%) above $50,000, plus a court filing fee. On an estate with an $800,000 home, that's roughly $10,650 plus the filing fee.
Preparing an estate home
- Secure and insure it. Tell the insurer the home is vacant; vacant homes often need different coverage.
- Keep utilities on and check the home regularly, especially in winter.
- Sort belongings with family before listing. Estate sale and clean-out companies can help.
- Decide on repairs. Estate homes often sell "as is", priced to reflect their condition, which saves the estate time and money.
Timelines
A typical path: probate application, home preparation and listing while the application is processed, an offer subject to probate, then completion once the grant arrives. Plan on several months from start to finish.
Frequently asked questions
Do I need probate to sell a house in BC?
Usually, yes. Transferring land out of an estate generally requires a grant of probate, unless the home was held in joint tenancy with a survivor.
How much are probate fees in BC?
About 1.4% of the estate's BC value over $50,000, less on the first $50,000, plus a filing fee.
Can an executor sell a house before probate in BC?
The sale can't complete until probate is granted. Some estates list and accept offers subject to probate, but get legal advice before signing, because the executor's authority may be limited until the grant.
Sources: People's Law School, probating a will; People's Law School, estate sales; BCFSA, estate sales. This is general information, not legal advice.