How to Transfer Title to a House After Death in BC

If you are an executor or an heir, getting a deceased person's home into the right names can feel like a maze. There are a few distinct steps, and the order matters.

This article walks through the general path in British Columbia: confirming how title was held, the role of probate, the Land Title Office, and property transfer tax. Your situation may differ, so use this as a map, not a substitute for advice.

This article covers the law of British Columbia.

Step 1: Find out how title was held

Start with a current title search. If the deceased held the home as a joint tenant, the survivor takes the deceased's interest, and an application is filed with a certified copy of the grant of probate or administration, or a certificate of death, using Form 17 and selecting Transmission to Surviving Joint Tenant. Survivorship property sits outside the estate.

There are exceptions to that rule. If joint owners die within 5 days of each other, or it is uncertain who survived, WESA ss. 5 or 10 apply, and under s. 5(2) joint tenants who die together are treated as tenants in common unless a contrary intention appears. A joint tenant can also sever the joint tenancy during their lifetime by transferring their interest to themselves, after which the owners hold as tenants in common and there is no survivorship. If the surviving joint tenant dies without transmitting, title goes to that survivor's personal representative.

If the deceased was the sole owner, or held as a tenant in common, the home is part of the estate. Land transferred to two or more people, other than personal representatives or trustees, is held as tenants in common unless a contrary intention appears in the document, and their interests are presumed equal if unstated.

Step 2: The personal representative and the grant

The deceased's estate vests in the personal representative without further declaration or order. Whether and when a grant of probate is needed to deal with the home depends on how title was held and the facts of the estate, so it is worth confirming with a lawyer.

There is a probate fee. No fee applies if the estate is $25,000 or less. Above that, the fee is $6 per $1,000 (or part) between $25,000 and $50,000, plus $14 per $1,000 (or part) above $50,000. The value of the estate is the gross value of BC property in the Statement of Assets, Liabilities and Distribution. Confirm current rates before you file.

Step 3: Timing and who has a claim

Do not rush to sign the house over. The personal representative must not distribute the estate within 210 days, subject to the exceptions in the section. A wills variation claim by a spouse or child who was not adequately provided for must start within 180 days after the grant is issued in BC.

Where there is a surviving spouse, there are special rules about the spousal home. The spouse may acquire it from the personal representative, by written notice, within 180 days after the grant is issued unless the court extends the period. Without the spouse's written consent, the personal representative generally cannot dispose of the spousal home during that period. A spouse who occupies the home pending purchase pays insurance, taxes, maintenance, utilities and mortgage payments.

If the estate is insolvent, the personal representative must apply the proceeds in the statutory order of priority for debts. That can affect whether the house is kept or sold.

Step 4: Property transfer tax on the transfer

If the beneficiary was not a related individual, or the property is larger or not residential, the exemption may not cover the whole transfer. A lawyer or accountant can confirm what applies.

What to do next

• Order a current title search and confirm whether the home was held jointly.
• Collect the original will, death certificate and any mortgage statements.
• Prepare the Statement of Assets, Liabilities and Distribution, since it sets the probate fee base.
• Diarize the 180-day wills variation deadline and, if there is a spouse, the 180-day spousal home deadline.
• Wait out the 210-day period unless an exception applies before distributing.
• Ask a lawyer to confirm the forms, the exemption code and any mortgage issues before you sign the transfer.

Frequently asked questions