Probate in British Columbia is the court process that confirms a deceased person’s Will is valid and officially authorizes the executor to manage and transfer assets—often including a home. In BC real estate, probate matters because the Land Title Office typically requires a Grant of Probate (or a similar court document) before title can be transferred or a sale can complete. If you’re an executor, probate is usually the “green light” that lets you list, accept offers, and complete the transfer with confidence and proper authority.
What Is Probate in British Columbia?
Probate is a legal process through the Supreme Court of BC that:
Validates the Will (if there is one)
Confirms who the executor is
Grants the executor authority to deal with the estate’s assets, including Victoria BC real estate
You’ll often hear the term “Grant of Probate.” That grant is the document many institutions rely on—banks, investment firms, and frequently the Land Title Office.
Please consult a qualified accountant or lawyer for specific advice. Probate rules and required documents can vary depending on the estate and how title was held.
Why Does Probate Matter for a Home in Victoria, Oak Bay, or Saanich?
Real estate is usually the largest estate asset. In many cases, the Land Title Office won’t register a title transfer (or allow the sale to complete) unless the executor has the proper court authority.
In practical terms, probate often affects:
Timeline for selling or transferring the property
Ability to complete a sale (not just to list)
What paperwork lawyers and notaries will require
How you manage risk as an executor (especially if there are multiple beneficiaries)
In neighbourhoods like Oak Bay, Fairfield, James Bay, Gordon Head, Cadboro Bay, Broadmead, and the Saanich Peninsula, properties can be high value and emotionally significant—so clarity and careful steps matter.
When Is Probate Required for BC Real Estate?
Probate is more likely required when the deceased person owned real estate:
In their name alone, or
As tenants in common (not jointly)
Probate may be less likely (or not required for the home) if title was held:
Jointly as “joint tenants” with a surviving owner (often a spouse), because ownership may pass by right of survivorship
However, “may” is doing a lot of work here. Each estate is different, and lenders, insurers, and title professionals may require documentation even when probate isn’t strictly necessary.
Please consult a qualified accountant or lawyer for specific advice.
Probate vs. “Estate Administration”: What’s the Difference?
People often use these terms interchangeably, but they’re not the same.
Probate (the court step)
The court confirms the Will and executor authority (Grant of Probate)
Estate administration (the executor’s work)
Locating the Will
Securing the home
Paying debts and expenses
Managing and distributing assets
Reporting to beneficiaries
Probate is usually just one part of a much bigger to-do list.
Who Applies for Probate in BC?
Typically, the executor named in the Will applies. If there is no Will, or if the executor can’t act, someone may apply to administer the estate under a different process.
Common executor realities we see in Victoria:
Adult children acting for parents
Co-executors who live out of town
Executors balancing grief, family dynamics, and logistics
If this feels heavy, that’s normal. Many families are managing emotional decisions alongside practical ones.
How Long Does Probate Take in British Columbia?
Probate timing depends on factors like document readiness, complexity, and court processing.
In general, executors should plan for:
Time to gather information and complete forms
Court review time
Extra time if there are missing documents, unclear assets, or multiple beneficiaries
If the estate includes a home in Oak Bay or Victoria, there’s also the practical reality of maintaining, insuring, and safeguarding the property during the waiting period.
Can You Sell a House in BC Before Probate Is Granted?
This is one of the most common questions we hear.
Usually, you can prepare—but completing the sale may require the Grant
In many cases, an executor can:
Obtain a market valuation
Prepare the home for sale
List the property
Accept an offer (sometimes with the right conditions)
But the sale may not complete until the executor has the legal authority recognized by the Land Title Office and the conveyancing professionals.
Because this can be nuanced, it’s essential to structure timelines and conditions carefully.
Please consult a qualified accountant or lawyer for specific advice.
What Are the Executor’s First Steps When a Home Is Involved?
If the property is in Victoria, Oak Bay, Saanich, or on the Saanich Peninsula, these first steps tend to reduce stress and protect the estate.
1) Secure and insure the property
Confirm insurance coverage (vacancy rules can be strict)
Secure valuables and documents
Arrange regular check-ins if the home is vacant
2) Confirm how title is held
Joint tenancy vs. tenants in common matters a lot
A lawyer or notary will typically review title and advise what’s required for transfer
3) Keep good records
Every estate expense should be tracked
Keep receipts for maintenance, insurance, utilities, and repairs
4) Communicate clearly with beneficiaries
Set expectations early about timelines and decision points
Document decisions to reduce misunderstandings later
What Happens to the Property During Probate?
While probate is in process, the executor is generally responsible for preserving the estate’s value.
That may include:
Basic upkeep (yard, snow removal, minor repairs)
Utility management (heat, water, security systems)
Professional cleaning or remediation if needed
Coordinating access for appraisers, inspectors, and trades
In Victoria BC real estate, a well-maintained home often shows better and attracts more confident buyers—especially in higher-end pockets of Oak Bay and Fairfield where presentation can influence perceived care.
What Costs Should Executors Expect?
Costs vary widely by estate, but executors commonly encounter:
Legal or notary fees
Court filing and probate-related costs
Property costs: insurance, utilities, maintenance, repairs
Selling costs if the home is listed (marketing, staging, etc.)
If taxes are part of your planning—capital gains, estate tax questions, or property-related taxes—professional advice is essential.
Please consult a qualified accountant or lawyer for specific advice.
What About Probate Fees in BC?
BC has probate-related costs that can depend on the value of the estate and how assets are categorized. Because fee calculations and exemptions can be technical, it’s best to confirm specifics with your estate professional.
Please consult a qualified accountant or lawyer for specific advice.
Common Real Estate Scenarios We See With Probate in Victoria
Every estate is unique, but a few patterns are common in our local market.
Scenario A: Family home in Oak Bay or Fairfield
Often well-loved, sometimes dated
Decisions around repairs vs. selling “as-is” can be emotional
Storage and downsizing decisions may involve several family members
Scenario B: Condo or strata property in James Bay or Downtown Victoria
Strata documents, move-in/out rules, and elevator bookings can affect timing
Ongoing strata fees continue during the estate period
Insurance requirements may be stricter for vacant units
Scenario C: Saanich Peninsula homes (Brentwood Bay, Sidney, Cordova Bay)
Larger lots may need seasonal maintenance
Out-of-town executors often need reliable local support
Rural features (wells, septic, outbuildings) can require extra diligence
Downsizing and Probate: A Sensitive Combination
Many estates involve a parent who planned to downsize, but the move didn’t happen in time—or the family is now choosing what to do with a home full of memories.
If you’re navigating this, a few gentle truths can help:
It’s okay to prioritize a process that feels respectful, not rushed.
“Perfect” decisions are rare; “well-documented and well-supported” decisions protect everyone.
A calm plan reduces stress for beneficiaries and helps preserve the property’s condition.
For downsizers planning ahead, you may find this helpful: DOWNSIZING GUIDE
For current Victoria listings suited to simplifying life: VICTORIA CONDOS or OAK BAY LISTINGS
Practical Tips for Executors Selling a Home in BC
Here are executor-friendly steps that often make the process smoother—especially in higher-value Victoria BC real estate markets.
Prepare a “property file”
Title details (from your lawyer/notary)
Utility providers and account notes
Insurance policy and vacancy requirements
Maintenance records and receipts
Known issues and recent upgrades
Decide on the “prep level”
Options typically include:
Sell as-is
Light refresh (paint, cleanup, minor repairs)
Full staging and strategic updates (only when it makes sense for the estate)
No option is universally “best.” Market conditions, property condition, and family priorities all matter.
Plan showings respectfully
Schedule blocks to reduce disruption
Remove personal items and sensitive documents
Keep communication transparent with beneficiaries
Price with realism, not pressure
In 2025, market trends suggest buyers are thoughtful and value transparency. A clear strategy—based on property specifics and neighbourhood realities—tends to reduce surprises.
Working With a Realtor During Probate: What to Look For
Executors often need a steady hand—someone who understands the legal timeline, respects family dynamics, and can coordinate details without adding pressure.
Look for a real estate professional who will:
Explain the sale process in plain language
Coordinate trades, cleaning, staging, and access
Support out-of-town executors with reliable local oversight
Communicate in writing and keep records organized
Work collaboratively with your lawyer or notary
Reading a blog doesn’t create an agency relationship, and any professional engagement should be clearly documented in writing when you choose to proceed.
If you’d like, we can also share a simple executor checklist tailored to Victoria, Oak Bay, and Saanich properties. CONTACT US
Frequently Asked Questions About Probate and BC Real Estate
What if there is no Will?
A different court process may apply, and the person managing the estate may be appointed differently.
Please consult a qualified accountant or lawyer for specific advice.
Do all assets go through probate?
Not always. Some assets may pass outside the estate depending on how they are held or designated.
Please consult a qualified accountant or lawyer for specific advice.
Can beneficiaries force the executor to sell?
This depends on the Will, estate circumstances, and legal obligations. It’s important to get legal guidance early if conflict is possible.
Please consult a qualified accountant or lawyer for specific advice.
Should we renovate before selling?
Sometimes a light refresh helps; sometimes it’s better to sell as-is. The “right” choice depends on property condition, location (e.g., Oak Bay vs. Downtown), and the estate’s appetite for time and coordination. No one should feel pressured into a plan that doesn’t fit.
Next Step
Thinking about probate and selling a home in Victoria, Oak Bay, or Saanich? Reach out to The Webbers for a no-pressure conversation.