How to Transfer Land Title After an Owner Dies in Saskatchewan

When a family member who owned land in Saskatchewan dies, the title does not change by itself. Someone has to take formal steps with the court and with Information Services Corporation (ISC) before the land can be sold or given to the people who inherit it.

This article walks through the usual path: deciding whether Letters are needed, getting them, and then moving title at ISC. Every estate is different, so use this as a map and confirm the details with a lawyer.

This article covers the law of Saskatchewan.

Do you need a court grant to deal with the land?

For land, the answer is usually yes. 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. Letters Probate or Letters of Administration with Will Annexed are required for any land transaction with ISC if the estate includes real estate.

The small-estate relief does not help here: Letters may not be required for estates of $25,000 or less with no real property, but real estate always requires Letters for ISC land transactions.

There is an important exception. Land held in joint tenancy with survivorship passes outside probate. Even then, a lawyer can confirm how the title is actually registered and what ISC needs.

Which grant applies

Where there is a will but the applicant is not the named executor, the application is Form 16-11B, and priority is set by section 10 of The Administration of Estates Act, starting with executors, then residuary beneficiaries, down to the official administrator. Without a will, the order starts with the spouse, then children, and so on.

Steps to move the title

• Apply to the Court of King's Bench for the grant. For Letters Probate the forms include the Application for Grant of Probate (Form 16-11A), the Affidavit of Applicant (Form 16-13A), the Statement of Property (Form 16-14) and an affidavit proving the will was signed correctly.
• Value the land for the Statement of Property using a land appraiser or agrologist report, a real estate agent market evaluation or a municipal property assessment. Land held solely in the deceased's name is a Part I asset.
• Pay the court fees at the court house when you apply: a $200 Local Registrar fee plus a levy of $7.00 per $1,000 (or portion) of Total Part 1 Assets on the Statement of Property. The Court of King's Bench says assets passing outside the estate are excluded and, for real estate, only the equity counts, so confirm how your land will be valued before you work out the levy. As an example, a Part 1 estate of $500,000, such as house equity plus accounts held solely in the deceased's name, produces a levy of $3,500 plus the $200 fee.
• Once you have the grant, transfer the land 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 a purchaser.

Court fees are set by regulation and may change, so confirm the current amounts before you file.

Other documents and special situations

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 beneficiary is under 18 or a dependent adult, it is requested from the Court of King's Bench for $25 at the time of filing the application. If it was not requested then, it 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.

If a beneficiary is a minor, a land sale needs 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, which ISC requires.

• Selling estate land requires written consent from all beneficiaries. If debts exceed available funds, the land may have to be sold to pay debts and that consent is not required, though it is recommended.
• Estate land can be leased for no more than one year unless all interested beneficiaries consent.
• A grant obtained outside Saskatchewan must be resealed before dealing with Saskatchewan assets, and the Court may require a bond.

What to do next

• Find the will and a certificate of death from the funeral director, coroner or Registrar of Vital Statistics.
• Get a recent title search so you know exactly how the land is registered.
• Decide who is applying and confirm they have priority.
• Get a valuation of the land for the Statement of Property.
• List all beneficiaries and note anyone under 18 or a dependent adult.
• Ask a lawyer to review the plan before you sell or transfer anything.

Frequently asked questions