How Does an Executor Sell or Transfer an Estate House in Saskatchewan?

Dealing with a house that was in the deceased's name alone is often the biggest task an executor or administrator faces. Land is handled differently from bank accounts, and the paperwork has to be done in the right order.

This article walks through the steps for land registered only in the deceased's name in Saskatchewan: the grant you need, valuing the property, the ISC transfer, the Certificate of No Infants Interested, and the consents required for a sale or a lease.

This article covers the law of Saskatchewan.

Why land needs Letters, even in a small estate

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. The Court of King's Bench says the only asset that absolutely requires probate is an interest in land, including mineral rights, registered solely in the deceased's name.

The small-estate relief does not help with land. Letters may not be required where the estate is $25,000 or less and includes no real property, but real estate always requires Letters for ISC land transactions.

Land held in joint tenancy with survivorship passes outside probate. If the house was held that way, the estate process described here generally does not apply to it, though it is worth confirming with a lawyer how the property was actually registered.

Valuing the house for the Statement of Property

Land held solely in the deceased's name is a Part I asset on the Statement of Property (Form 16-14). You need a value for it. The accepted ways to value real property are a land appraiser or agrologist report, a real estate agent market evaluation, or a municipal property assessment.

The probate levy is calculated on the Statement of Property. The Court of King's Bench says that, for real estate, only the equity counts, and assets passing outside the estate are excluded. Because the way equity is stated on the form matters, confirm it with the court office or a lawyer before you rely on a figure.

The two-step transfer at ISC

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.

• Step one: with the grant in hand, transfer the land into your name as personal representative.
• Step two: transfer it to the beneficiaries, or to a buyer if the house is being sold, provided the estate is not insolvent.
• A buyer's lawyer will usually want the required documents ready, including a Certificate of No Infants Interested (Form 16-7) where no beneficiary is under 18.

Certificate of No Infants Interested and minor beneficiaries

If the estate includes real property and no named beneficiary is under 18 or a dependent adult, the Local Registrar's Certificate of No Infants Interested is requested from the Court of King's Bench for $25. It must be requested at the time of filing the application for the grant.

If it was not requested at filing, you can instead obtain it from the Office of the Public Guardian and Trustee (PGT) on a notarized copy of the Letters and an affidavit that no minors or dependent adults are interested. One government page gives the PGT fee as $30, but fees can change, so confirm the current amount.

If a beneficiary is a minor, a different set of documents is needed for a land sale. ISC requires consent from the legal guardian, an acknowledgement from each minor aged 14 or older, and consent from Children's Services at the PGT.

Consent to sell, and leasing the land

Selling estate land requires written consent from all beneficiaries. The exception is where debts exceed available funds: the property may then have to be sold to pay debts, and beneficiary consent is not required, although it is recommended.

Estate land can be leased for no more than one year unless all interested beneficiaries consent.

What to do next

• Confirm from the title how the house is registered: solely in the deceased's name, or jointly with survivorship.
• Apply for the grant that fits your situation, and request the Certificate of No Infants Interested when you file if it applies.
• Collect written consent from all beneficiaries before listing the house, unless debts exceed available funds.
• Speak with a lawyer if the estate may be insolvent, or if a minor is involved.

Frequently asked questions