Probate Power of Attorney Committee of the Estate Lawyers & Notaries Free Checklist Blog Contact Get Help Now
Kelowna ยท West Kelowna ยท Lake Country ยท Peachland

Selling a home that isn't technically yours?

Probate, Power of Attorney, or a Committee of the Estate โ€” each one has different rules, different paperwork, and different timelines. We've handled 500+ of these across the Central Okanagan, and we'll tell you plainly which situation you're actually in.

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Which situation are you actually in?

These get confused constantly, and the right process depends entirely on which one applies. Here's the plain-language breakdown.

01

Someone has passed away

You're an executor (named in a will) or administrator (no will) settling an estate that includes a home. This is probate โ€” and it usually requires a Grant of Probate or Administration before the property can be sold.

02

Someone is alive but can't manage their own affairs

If they signed an enduring Power of Attorney while still capable, their attorney can usually act on their behalf. If they never signed one, the court may need to appoint a Committee of the Estate instead โ€” a different, more involved process.

03

Not sure which applies to you

Completely normal โ€” these situations overlap and the terminology is genuinely confusing even for people who've been through it before. Tell us what's going on and we'll tell you plainly which door you're actually standing at.

Why This Is Different From a Typical Sale

This isn't just a real estate transaction โ€” it's a legal process with a house attached.

Court approvals, multiple beneficiaries, lawyers, deadlines that don't care how you're feeling. We've done this enough times to know exactly what's coming next.

"Most families only go through this once. We've done it hundreds of times โ€” our job is to make sure you're never guessing."โ€” Mark Jontz
500+
Estate Transactions

Probate sales, POA sales, and Committee-of-Estate sales โ€” Mark Jontz & Associates has handled this specific kind of sale regularly, not occasionally.

Direct
Lawyer & Notary Coordination

We work directly with the estate lawyers and notaries handling the legal side, so paperwork and listing timelines actually line up instead of fighting each other.

#1
Chairman's Hall of Fame

Mark Jontz is a Chairman's Club Lifetime Member and the first inductee into the Chairman's Hall of Fame in Royal LePage brokerage history.

Part of the Mark Jontz & Associates network โ€” see also KelownaDownsizing.com and every active listing at KelownaListings.com.

Understand the Process

Plain-language guides, not legal jargon

Not legal advice โ€” but close enough to actually understand what's happening before you call a lawyer.

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Probate in BC, Explained

What probate actually is, how long it takes, and what it means for selling a home.

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Power of Attorney & Real Estate

Enduring vs. non-enduring POA, and what the Land Title Office actually requires.

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Committee of the Estate

What it means when the court appoints someone to manage an incapable person's affairs.

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Estate Lawyers & Notaries

Trusted local professionals we work with regularly for the legal side of these sales.

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Free Executor's Checklist

What to gather, who to call, and in what order โ€” before you list anything.

No Cost, No Obligation

Get the Executor's Real Estate Checklist

Written specifically for executors and attorneys dealing with a Kelowna-area property โ€” the documents you'll need, the order things actually happen in, and the mistakes that cost people the most time.

Get the Free Checklist โ†’
Common Questions

In Care Of Kelowna โ€” FAQ

What does "in care of" mean in a real estate context?
It's the situation where a home is being sold on someone else's behalf โ€” by an executor settling an estate, an attorney acting under a Power of Attorney, or a Committee of the Estate appointed for someone who's incapacitated. Each has different legal requirements, and we work through all three regularly.
Do I need a lawyer before I can sell a home I'm an executor for?
You generally need a Grant of Probate (or Grant of Administration if there's no will) before the property can be transferred, which does require working with an estate lawyer or notary โ€” we work alongside yours throughout, and can recommend one if you don't have one yet.
Can a home be sold before probate is granted?
In some cases a conditional listing can proceed while probate is in progress, with the sale completing once the Grant is issued โ€” the right approach depends on your specific situation. This is exactly the kind of timing question we help executors work through.
What's the difference between a Power of Attorney sale and an estate sale?
A Power of Attorney sale happens while the homeowner is still alive but someone else (the attorney) is authorized to act for them. An estate sale happens after the homeowner has passed, handled by the executor or administrator. The legal process is different for each.
Do you only work in Kelowna, or the wider area too?
We're based in Kelowna and most active across the Central Okanagan โ€” Kelowna, West Kelowna, Lake Country, and Peachland โ€” with 500+ transactions in this specific space. For a property elsewhere in BC, we'll connect you with a trusted local specialist we know.
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Tell us what's going on

No pressure, no obligation โ€” tell us the situation and we'll tell you plainly what it actually means and what happens next.

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