- When there are two or more personal representatives, dispositions of land need all of them to agree, or an order of the Supreme Court.
- Land in the deceased's sole name generally needs a grant before it can be sold or transferred, but land held as joint tenants passes by survivorship without one.
- Disputes go to a judge, and an appeal from a registrar's decision must be started within 30 days.
Losing a parent or relative is hard enough. It gets harder when the will names two or more executors and they do not agree about what to do with the house. One may want to sell quickly. Another may want to wait, or keep the property in the family.
In Nova Scotia, the law does not let one executor act alone on land when there are several. This article explains why a grant matters, who has to agree, where disagreements get decided, and what to keep in mind about timing and records. It is general information, not advice on your own situation.
This article covers the law of Nova Scotia.
Why the house usually needs a grant
Property registered only in the deceased's name cannot be transferred to beneficiaries without court approval. The Probate Court gives the executor the legal authority to move it out of the estate. In practice, a grant is generally required to sell or transfer land in the deceased's name, and it is filed with the Land Registration Office when the land is transferred.
There is an exception. Land held as a joint tenant passes by survivorship to the surviving owner without a grant. So whether the co-executors have any say over a house at all can depend on how title was held. If you are unsure, a lawyer can confirm how the property was registered and what the estate actually owns.
What the Probate Act says about several executors
Under the Probate Act, the personal representative represents the deceased for real property as well as personal property, and holds land as trustee for those entitled. That trustee role is the key idea. The house is not the executors' to use as they please. They hold it for the people who are entitled to benefit from the estate.
When there are two or more personal representatives, dispositions of land need all of them to concur, or an order of the Supreme Court. Whether a particular step counts as a disposition depends on the facts, so it is worth confirming with a lawyer. This means one co-executor generally cannot sign over or sell the house alone, even if that person is the one living in it or holds the keys.
When executors disagree
If the executors cannot agree, the options are fairly limited. They can keep negotiating, perhaps with a mediator or lawyers, or someone can ask the court to step in. The Supreme Court can make an order allowing a disposition of land even where not every representative concurs.
Probate applications are dealt with by a Registrar of Probate for the district, but contested matters go to a judge. A contentious application starts with a Notice of Application (Form 45) and an affidavit (Form 46). Which court is the right one for your particular dispute, and what to ask for, depends on the facts and is worth confirming with a lawyer.
- Check how title to the house was held.
- Confirm whether a grant has been issued.
- Find out who is named as executor and whether anyone has renounced.
- Try to agree in writing before anyone lists the property.
Appeals and key deadlines
If you disagree with a registrar's decision, an appeal under s. 93 of the Probate Act must be started not later than 30 days after the registrar's decision or order. That is a short window, so do not wait to get advice.
| Step | Time or form |
|---|---|
| Appeal from a registrar's decision | Within 30 days of the decision or order |
| Contentious application | Notice of Application (Form 45) and affidavit (Form 46) |
| Notice of the grant to people who may share in the estate | Within 30 days after the grant, although the registrar may extend this time |
| Proof of service of that notice | Within 60 days after the grant, although the registrar may extend this time |
Sale money, creditors and records
Selling the house does not mean the money can be shared out right away. Advertising in the Royal Gazette is a statutory requirement for every estate opened in Nova Scotia, and it runs six months, after which the estate can move to distribution. If the representatives distribute earlier, they risk personal liability for unpaid claims.
Co-executors should also keep accurate records of all property and debts of the estate. Good records protect every executor, especially when relationships are strained, and they matter later if the accounts are reviewed.
What to do next
- Get a copy of the will and the grant, if one has been issued.
- Look up how the house was registered.
- Talk with the other executors before any listing or offer.
- Keep every receipt, statement and message about the estate.
- Do not pay out sale proceeds until the creditor period has ended.
- Speak with a lawyer promptly if you need a court order or are thinking of an appeal.
Frequently asked questions
Can one executor sign the sale papers alone?
Where there are two or more personal representatives, dispositions of land need all of them to concur, or an order of the Supreme Court. A single executor generally cannot sell on their own.
Do we need probate to sell a house held in joint tenancy?
Usually not. Land held as a joint tenant passes by survivorship without a grant. Land in the deceased's sole name generally does need one.
Who decides if the executors cannot agree?
The Supreme Court can make an order allowing a disposition of land when not every personal representative concurs. More generally, contested probate matters go to a judge rather than the Registrar. Which court should hear your particular dispute depends on the facts, so it is worth confirming with a lawyer.
Can we divide the sale proceeds right after closing?
It is risky. The Royal Gazette advertisement runs six months before the estate can move to distribution, and distributing earlier risks personal liability for unpaid claims.
Sources
- Courts of Nova Scotia – Probate Court — courts.ns.ca
- Probate Court Practice, Procedure and Forms Regulations — novascotia.ca
- Probate Act, SNS 2000, c 31, s. 63 and following — nslegislature.ca
- Courts of Nova Scotia – Dealing with an Estate at Probate Court — courts.ns.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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