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