Do I Need Probate to Transfer a House in BC?
This answer covers the law of British Columbia.
You do not always need probate to transfer a house in British Columbia, but it depends on how the deceased owned it. If the deceased held the home as a joint tenant, the registrar needs filed either a certified copy of the grant of probate or administration, or a certificate of death, so a grant is not always required.
If there is no survivorship, because the owners were tenants in common or the deceased was the sole owner, the deceased's interest vests in the personal representative, and land must be registered in that person's name before further dealings are registered. To transmit the interest, LTSA requires a court-certified copy of the Grant of Probate or Grant of Administration, a court-certified disclosure statement listing the deceased's land or charges, a Form 17 per parcel, and a Property Transfer Tax Return.
Joint ownership has its own limits. If there are more than two joint tenants, the survivors continue to hold as joint tenants after one dies. If the surviving owner also dies before transmitting, title must be registered to that survivor's personal representative. A lawyer can confirm the right route for your title.
Key takeaways
- A surviving joint tenant can have title transmitted with either a certified copy of a grant or a certificate of death, so a grant is not always required.
- Where there is no survivorship, the deceased's interest vests in the personal representative, who must be registered on title before further dealings are registered.
- The survivorship filing needs an original government-issued death document, and photocopies, notarized copies and funeral director's certificates are not accepted.
- Transferring a deceased owner's interest to a personal representative has its own Property Transfer Tax exemption code, which is code 09.