Can You Sell a House in Alberta Without Probate?
This answer covers the law of Alberta.
Usually not, if the deceased owned the home alone or as a tenant in common: Land Titles needs an original filed copy of the grant of probate or letters of administration from the Surrogate Court of Alberta before it will transmit the property to the personal representative, and a notarized copy is unacceptable. So a grant is needed to sell or transfer such a home. If the grant was issued in another jurisdiction, it must be re-sealed by the Surrogate Court of Alberta before Land Titles will accept it for land.
The exception is joint ownership. If the deceased was a joint tenant, the surviving owner can go to Land Titles without a grant, using the Statutory Declaration regarding Proof of Death with an original or notarized copy of a Vital Statistics Registry, Medical Examiner's, funeral director's or cremation certificate. If a minor has an interest in the estate, the transfer needs Public Trustee consent.
What a buyer's lawyer will ask for depends on how the home was owned and who benefits from the estate, so gather the death certificate, the will and the title details early, and have a lawyer confirm the steps for your sale.
Key takeaways
- If the owner held the home alone or as a tenant in common, Land Titles needs an original filed copy of the grant, and a notarized copy is unacceptable.
- A surviving joint tenant needs no grant, only the Statutory Declaration regarding Proof of Death and a death certificate or comparable document.
- If a grant was issued in another jurisdiction, it must be re-sealed by the Surrogate Court of Alberta before Land Titles will accept it for land.
- Public Trustee consent is needed for a land transfer whenever a minor has an estate interest, and that review may take a week or more.