Dealing with the loss of a loved one is hard. On top of that, there are legal steps to take—especially if you’re named in a will. One common question we hear is:
“Can a house be sold before probate is granted in British Columbia?”
The short answer is no, but there are a few things to understand. This simple guide will help you learn what probate is, why it matters, and how it affects the sale of a home.
What Is Probate?
Probate is the legal process that gives someone the right to manage a person’s estate after they pass away. This person is called the executor. The court checks the will and confirms that the executor can act.
Once the court grants probate, the executor can:
- Access bank accounts
- Sell property
- Pay debts
- Distribute assets to those named in the will
Need Help with Probate or Selling an Estate Home?
At The Valley Life Real Estate Group, we’ve helped many families through this process. We work with your legal team, prepare the home for sale, and guide you every step of the way.
Can You Sell a House Before Probate Is Granted?
No, you can’t sell the house before probate is granted in most cases.
Here’s why:
- The title of the home is still in the name of the person who passed away.
- The executor needs court approval to transfer or sell that property.
- Buyers and lawyers will not move forward without legal proof.
Even if you have a buyer ready, the deal can’t close until probate is complete.
Are There Any Exceptions?
In some rare cases, joint ownership may allow the home to transfer directly. For example:
- If the property was owned jointly with right of survivorship, the surviving owner may not need probate.
- This is common with married couples.
But if the home was owned by one person alone, or held in a trust, probate is usually required.
Always speak to a legal professional for your case.
How Long Does Probate Take in BC?
In British Columbia, probate can take anywhere from 4 weeks to 6 months, or longer. The timing depends on:
- The court’s workload
- How complete your documents are
- If anyone contests the will
During this time, you can prepare the home for sale, but you can’t legally transfer ownership until probate is granted.
What Can You Do While Waiting?
While you wait for probate, you can:
- Get the home appraised
- Talk to a local real estate expert
- Clean and stage the home
- Collect records (taxes, insurance, utilities)
- Discuss timing with your lawyer or notary
This helps speed up the sale once probate is approved.
What Happens After Probate Is Granted?
Once the court gives you the probate document, you can move forward:
- You can list the home for sale
- You can accept offers
- You can sign the transfer papers
- The sale can close like any regular real estate deal
Final Thoughts
Selling a home after a loved one passes is emotional and complex. But you don’t have to do it alone. The rules around probate are clear, and with the right help, you can move through them step by step.
If you’re asking, “Can a house be sold before probate is granted?” the safe answer is not yet—but there’s a lot you can do in the meantime.
Visit https://thevalleylife.ca to connect with a local expert who cares.
