Can an Executor Sell a House or Other Estate Property Before Probate in BC?

This answer covers the law of British Columbia.

Whether an executor can sell estate property before probate depends on the property and the situation. A grant of probate or administration gives the personal representative exclusive authority to administer the estate. Once the personal representative takes office or is appointed, the estate vests in them, with the same authority the deceased would have had, subject to the will and other laws.

For land, the personal representative holds it as trustee for the beneficiaries, and the Land Title Act transmission rules apply. If there are several executors, a sale of land by only one or some of them is not valid without court approval, though where others renounce or do not join the application, the executors who obtained probate may dispose of land. Financial institutions each set their own policy, often a maximum amount they will release without a grant.

If a sale goes wrong, the court may excuse a personal representative from liability for a breach of trust if they acted honestly and reasonably and ought fairly to be excused. An executor may petition the court for its opinion, advice or direction on a question about managing the estate. Confirm with a lawyer what buyers and the Land Title Office require before listing.