Who can sell, when you need probate, and what to expect from start to finish.
Who has the authority to sell
In Alberta the person who can sell an estate home is the personal representative. If there is a will, that is usually the executor it names. If there is no will, a family member can apply to the court to be appointed administrator. Beneficiaries alone cannot sign a sale.
Do you need probate?
Most land titles offices need a Grant of Probate or Administration before the title can be transferred. Some homes held in joint tenancy pass straight to the surviving owner without probate. An estate lawyer can tell you which applies.
You can usually sign a purchase agreement before the grant arrives, with the closing set for after it is issued.
Costs to plan for
While the estate owns the house, someone has to keep paying:
- Property tax and utilities
- Insurance, which may require vacancy checks
- Basic upkeep and snow removal
- Legal and probate fees
Your three main options
Families usually choose between keeping the house, listing it with an agent, or selling it directly as-is. Listing often gets the highest price if the house is in good shape and the family has time to prepare it. A direct sale is faster and avoids clean-out and repairs, usually at a lower price. There is no wrong answer, only what fits your family.
Taxes
The deceased's final return may owe capital gains tax on a property that was not their principal residence. Talk to an accountant before the sale.
Related
- Sell an Inherited House in Edmonton Without the Hassle
- Sell a Vacant House in Edmonton Fast
- How a Cash Home Sale Works, Step by Step
- Selling a House With Tenants in Edmonton
This guide is general information only and is not legal or financial advice. Talk to a lawyer, accountant, or licensed mortgage professional about your own situation.