How to Transfer a House After Death in Nova Scotia

If you have been named executor, or you expect to inherit a house, the first question is usually how the property gets out of the deceased person's name and into the right one. The answer depends on how the owner held title and on what the Probate Court has done.

This article walks through the general path in Nova Scotia: the grant, who has authority over the land, the exception for joint owners, and what to check with the Land Registration Office before you list, sell or retitle the home.

This article covers the law of Nova Scotia.

Why a grant is usually needed first

Property registered solely in the deceased's name cannot be transferred to beneficiaries without court approval. The Probate Court gives the executor the legal authority to transfer it out of the estate.

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. Think of the grant as the proof that the person signing for the estate really has the power to do so.

Banks, insurers and land offices decide for themselves whether they need to see probate. That request is usually made only for assets in a sole name. A house in the deceased's sole name is the typical case.

Who has authority over the land

Under the Probate Act, the personal representative represents the deceased for real property as well as personal property and holds land as trustee for the people entitled to it. That means the house is not simply yours to keep or sell because you are named in the will. You hold it for the estate until it is properly transferred.

If there are two or more personal representatives, land dispositions need all of them to agree, or an order of the Supreme Court.

Getting the grant

Applications are dealt with by a Registrar of Probate for the district, and contested matters go to a judge. For a will, the application is made on Form 8 (or 8A).

• The original will with proof of execution.
• Proof of death.
• Any required renunciations or security.
• Payment of the probate tax.
• The original will attached as an exhibit to an affidavit, which has been required since April 1, 2024.

If something is missing, the registrar may send a notice of rejection in Form 17 by ordinary mail. One listed reason is an affidavit not sworn before a barrister, notary public, registrar or deputy registrar.

For the value used to work out tax, a registered mortgage on the house reduces the land value counted, while the land is valued at fair market value as of the date of death.

When you may not need a grant for the house

Land held as a joint tenant passes by survivorship without a grant. Joint property passing this way also does not add to the value used for the probate fee on Form 8.

If you are unsure how title is held, find out before you assume either path. A lawyer or the Land Registration Office can help you read it.

Timing, creditors and what comes next

Advertising in the Royal Gazette is required for every estate opened in Nova Scotia. It runs six months, after which the estate can move to distribution. Distributing earlier risks personal liability for unpaid claims.

Within 30 days after the grant is issued, the personal representative must serve notice of the grant on each person who is or may be entitled to share in the estate. The exact documents the Land Registration Office needs for a particular transfer can vary, so confirm them before you file.

What to do next

• Find out how title is held: sole name or joint tenancy.
• Locate the original will and the death certificate.
• Gather mortgage and property tax information for the house.
• Ask the Registrar of Probate for your district about the application.
• Confirm with the Land Registration Office, or a lawyer, what it needs to register the transfer.
• If the house is in the deceased's name alone, check on the grant before you sell or transfer it, since one is generally required.
• If the house was held as a joint tenant, it passes by survivorship without a grant.

Frequently asked questions