Do I need probate to sell a house in Prince Edward Island after a death?
This answer covers the law of Prince Edward Island.
It depends on how the home was owned and who has authority to act for the estate. Whether a grant is needed before you list, transfer title or close a sale is worth confirming with a lawyer, because the answer turns on the facts.
When a grant is needed, the application goes to the Supreme Court's Estates Section by petition under Rule 65. If there is a will and the executor acts, the grant is Letters Probate (Form 65U). If there is a will but no executor acts, Letters of Administration with the Will Annexed (Form 65W) issue. With no will, the petition is made on Form 65C, which lists the next of kin and heirs at law.
Probate fees are scaled to probate value, which means the gross assets of the estate, not counting life insurance paid to a named beneficiary. Before any estate property is distributed, the legal representative should work out whether a CRA clearance certificate is needed. A named executor can also decline the role by filing a renunciation on Form 65K. Gather the will, if there is one, and the property documents before you speak with a lawyer.
Key takeaways
- A grant is applied for by petition to the Supreme Court's Estates Section under Rule 65.
- With a will and an acting executor the grant is Letters Probate (Form 65U), and with no will the petition is made on Form 65C.
- Probate fees are scaled to probate value, and life insurance paid to a named beneficiary is not counted.
- Before distributing estate property, the legal representative should check whether a CRA clearance certificate is needed.