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Wills & Estates

Do I need probate to sell a house in BC after someone dies?

TSL Written by the Treadstone Law Team· Updated November 13, 2026

This answer covers the law of British Columbia.

It depends on how the home was owned. If the deceased held the land as a joint tenant and another joint tenant survives, the property goes to the surviving joint tenants by a transmission application to the Land Title and Survey Authority (LTSA). LTSA's online form is for individuals on title who hold as joint tenants, and it needs original government-issued death documents, such as a death certificate. LTSA lists a death certificate and a grant of probate as accepted documents.

If the title does not say joint tenants, the owners are tenants in common, and the survivorship transmission does not apply. A home in the deceased's sole name is a different situation, and how it can be sold or transferred depends on the grant and on the estate's circumstances, so it is worth confirming with a lawyer. A grant of probate or administration gives the personal representative exclusive authority to administer the estate. No BC statute lists which estates must be probated, and in practice a grant is needed when an organization asks for one.

If any owner is a corporation, trustee or business partner, LTSA says to contact a legal professional. A lawyer can confirm what your title and your buyer will require.

Key takeaways

  • Land held as joint tenants goes to the surviving joint tenants by a transmission application to the Land Title and Survey Authority, and a death certificate is an accepted document.
  • If the title does not say joint tenants, the owners are tenants in common and the survivorship transmission does not apply.
  • No BC statute lists which estates must be probated, so in practice a grant is needed when an organization holding the asset asks for one.
  • If an owner is a corporation, trustee or business partner, or the title is unclear, it is worth speaking with a lawyer before you list the home.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.

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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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