Can an Executor Sell Estate Land Without Beneficiary Consent in Saskatchewan?

You have just learned that the executor plans to sell the family house or the farmland, and nobody asked you. Land is often the largest asset in an estate, and it can carry emotional weight as well as money. It is reasonable to want to know whether the executor can simply go ahead.

The short answer is that there are rules, and they protect beneficiaries. This article explains what the executor needs before any land can be dealt with, when your consent is required, what changes if a beneficiary is a child, and what you can do if you disagree.

This article covers the law of Saskatchewan.

The general rule: written consent from all beneficiaries

Selling estate land requires written consent from all of the beneficiaries. That means every beneficiary, not just the largest share or the majority. An executor who has the authority to administer the estate still cannot treat the land as theirs to sell.

There is an exception. If the estate's debts exceed the funds available, the property may have to be sold to pay those debts, and beneficiary consent is not required, although it is recommended. The reason is that debts of the deceased are paid from the estate and must be paid before any gifts in the will go to beneficiaries.

What the executor needs before touching the land

Letters Probate or Letters of Administration with Will Annexed are required for any land transaction with Information Services Corporation (ISC) if the estate includes real estate. Some small estates may not need Letters, but real estate always requires them for ISC land transactions. So an executor cannot sell land on the strength of the will alone.

The order of steps matters too. Real property must first be transferred at ISC into the personal representative's name. If the estate is not insolvent, it can then be transferred to one or more beneficiaries or to a purchaser. Land held solely in the deceased's name is listed as a Part I asset on the Statement of Property (Form 16-14).

• Ask whether Letters have been granted and request a copy.
• Ask whether the land is held solely in the deceased's name or was jointly owned, since joint tenancy with survivorship passes outside probate.
• Ask whether the executor intends to sell the land or transfer it to a beneficiary.

Valuing and leasing estate land

Real property is valued for the Statement of Property using a land appraiser or agrologist report, a real estate agent market evaluation, or a municipal property assessment. If you doubt the number, you can ask which method was used and ask to see the report.

Leasing is treated differently from selling, but there is still a limit. Estate land can be leased for no more than one year unless all interested beneficiaries consent. This matters for farmland, where an executor may want to rent the land out while the estate is settled.

When a beneficiary is a minor or a dependent adult

A Certificate of No Infants Interested (Form 16-7) is one of the documents required to sell real property when there are no beneficiaries under 18. If the estate includes real property and no named beneficiary is under 18 or a dependent adult, the certificate is requested from the Court of King's Bench for $25, and it must be requested at the time of filing the application for the grant.

If it was not requested at filing, there is another route. The certificate can be obtained from the Office of the Public Guardian and Trustee on a notarized copy of the Letters and an affidavit that no minors or dependent adults are interested, and one provincial page gives that fee as $30.

If a beneficiary is a minor, a land sale needs more. ISC requires consent from the legal guardian, an acknowledgement from each minor aged 14 or older, and consent from Children's Services at the Public Guardian and Trustee.

If you disagree: what to do next

Start by asking questions in writing. Request a copy of the Letters, the Statement of Property, and the valuation, and ask whether the sale is being proposed because of debts. Do not sign a consent until you understand what you are agreeing to.

You also have options if the executor is not forthcoming. An executor must account to beneficiaries within two years, or pass accounts at the court house if the accounts are disputed. Where the estate is insolvent, the province recommends consulting a lawyer and, if needed, applying to the court for directions, and the court can review the executor's disbursements and expenses.

• Gather the will, the Letters and any notices you received.
• Write down what the executor has told you about the sale or lease.
• Ask for the valuation and the estate's debts in writing.
• Hold off on signing any consent until you have advice.
• Speak with a lawyer about an accounting or court directions if the answers are not clear.

If your real concern is that the executor is not acting or is acting badly, removal and delay are covered in their own separate articles. A lawyer can review your situation and confirm which step suits it.

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