What does subject to probate mean in BC?

Probate, in short, is the court procedure for two things: • Official approval of the will by the court as the valid last will of the deceased; and. • Appointment of the person (or persons) who will act as the executor of the deceased’s estate.

Do I have to probate an estate in BC?

In BC, probate is always required when a deceased owns land in their own name.

Can you sell a property subject to probate?

If the deceased owned a property in their sole name Probate will generally be needed before it can be sold or transferred. If Probate is needed, the property can be put on the market and an offer can be accepted before the Grant of Probate has been obtained, but the sale won’t be able to complete without the Grant.

Can you sell a property before probate is granted in BC?

While it can vary from case to case, a range from 3 to 6 months is not unusual. If the executor is prepared to wait until the grant of Probate to sell the house, or the buyer is prepared to wait until the grant to take possession, there is no problem.

How do I know if I need probate?

If you are named in someone’s will as an executor, you may have to apply for probate. This is a legal document which gives you the authority to share out the estate of the person who has died according to the instructions in the will. You do not always need probate to be able to deal with the estate.

What is probate when buying a house?

Probate describes the administration of a deceased person’s estate following their death. Broadly speaking, it is the process that ensures the terms of their will are executed as written. If there is no will, a legal process is instigated to decide who benefits from the deceased’s estate.

Can a house be put up for sale before probate is granted?

The answer to this question is yes, you can. Probate is needed in cases where the deceased was the sole owner of the property. If you need to sell property in such a situation, you can go ahead and list it on the market and even accept offers before obtaining the Grant of Probate.

Can an executor sell a house before probate is granted?

Can you sell a house before being granted probate? The answer to this question is yes, you can. Probate is needed in cases where the deceased was the sole owner of the property.

Can executor sell house before probate BC?

In most cases, probate must be completed before the executor has the legal authority to sell the home.

Do I need probate for a small estate?

Obtaining a Grant of Probate is needed in most cases where the total value of the deceased’s estate is deemed small… Going through the process of probate is often required to deal with a person’s estate after they’ve passed away.