How to Transfer an Inherited House Into Your Name in BC

If you have been left a house, it is natural to expect the title to move into your name quickly. In British Columbia the property usually passes first to the person administering the estate, and only later to you.

This article explains how that works in plain terms, what the probate notice steps mean for you as a beneficiary, and why timing and tax questions should be checked before you plan to move in, rent or sell.

This article covers the law of British Columbia.

The house goes to the personal representative first

When an owner dies, land that was held without a right of survivorship devolves to and vests in the deceased's personal representative, who holds it in trust for the person beneficially entitled. In other words, the executor or administrator holds legal control while the estate is dealt with, and you receive the house after that.

A personal representative has the same authority over the estate as the deceased would have had if living, subject to any contrary intention in the will and to any enactment. They must use it to administer and distribute the estate and to account to the people they owe that duty to.

There is an important exception. If the house was owned jointly with a right of survivorship, it does not devolve to the personal representative. Check how title was held before you assume the house is part of the estate.

Probate notice steps you may see as a beneficiary

Before applying for a grant of probate or administration, the applicant must give notice of the proposed application to the persons the Supreme Court Civil Rules specify. That includes each beneficiary under the will, along with living executors and alternate executors.

The notice of proposed application (Form P1) must be delivered with a copy of the will, which is the main way a beneficiary gets a copy. The applicant cannot file the application until at least 21 days after delivering the notice.

The notice must also tell beneficiaries that the applicant has to provide an accounting of how the estate was administered and how its assets were distributed.

Whether a particular house requires a grant before title can be dealt with depends on the facts, such as how it was owned and what the land title office requires. A lawyer can confirm this for your situation.

Probate fees and who pays them

BC probate fees are $6 for every $1,000 or part of $1,000 of estate value over $25,000 up to $50,000, plus $14 for every $1,000 or part of $1,000 over $50,000. The estate pays these fees, and they are not a tax on the beneficiary.

No probate fee is payable if the estate's value does not exceed $25,000.

Timing, selling and tax questions

Except by court order, a personal representative must not distribute the estate within the 210 days after the grant is issued. With a will, the estate may be distributed earlier if all beneficiaries with an interest and all persons who could bring a wills variation claim consent. Without a will, all intestate successors entitled to a share must consent.

Even after the 210 days, court consent is needed if a proceeding has started to decide who is a beneficiary, if wills variation relief is being sought, or if other proceedings may affect distribution.

If the house is to be sold rather than transferred to you, a trustee with a power of sale may generally sell on the conditions the trustee thinks fit, unless the will shows a contrary intention. A beneficiary generally cannot challenge a sale because its conditions were unnecessarily depreciatory, unless those conditions made the price inadequate.

Whether property transfer tax applies to a transfer from an estate, and whether any exemption fits your case, depends on the facts. Ask a lawyer before the transfer is signed, not after.

What to do next

• Find out how title to the house was held, including whether it was joint with a right of survivorship.
• Ask the executor whether a probate application is planned and look for the notice and copy of the will.
• Keep notes of when you received the notice so you can track the waiting period.
• Ask a lawyer about the transfer paperwork and any transfer tax questions before signing.

Frequently asked questions