The short version: an executor has a fiduciary duty — a legal obligation to act in the estate's and beneficiaries' best interests, not their own. That duty applies directly to how a home gets sold: the price it sells for, how it's marketed, and how the process is documented can all matter if anyone ever questions whether the executor did their job properly.
The core fiduciary duties
BC law and the Wills, Estates and Succession Act (WESA) establish several specific duties an executor owes the estate:
- Duty of loyalty — acting in the estate's interest, not the executor's own
- Duty of care — managing estate assets reasonably and prudently
- Duty of transparency — keeping beneficiaries reasonably informed
- Duty to follow the will — carrying out its instructions as written
- Duty to account — keeping proper records of estate transactions
- Duty of impartiality — treating all beneficiaries fairly, without favoring one over another
Every one of these connects directly to selling the home. Accepting a lowball offer from a friend, skipping proper marketing, or failing to document the process properly can all become a breach of duty — even if the executor had good intentions.
Where personal liability comes in
Executors can be held personally liable — meaning they may have to pay out of their own pocket — if they breach these duties and the estate suffers a loss as a result. Selling a property for significantly under market value without good justification is one of the clearest examples. This is exactly why selling through a normal, properly-marketed real estate process, with pricing backed by real market data, is one of the most effective ways an executor protects themselves, not just the estate.
Mark Jontz builds this protection into the process by default. A documented pricing strategy, genuine market exposure, and a clear paper trail aren't just good practice for getting the best price — they're exactly the record an executor wants to have if a beneficiary ever questions how the sale was handled.
Does every beneficiary need to approve the sale?
Generally, no — an executor typically has the authority to sell estate property without unanimous beneficiary sign-off, as long as they're acting reasonably and the will doesn't say otherwise. That said, the duty of transparency means beneficiaries should be kept reasonably informed throughout. In practice, proactively communicating with beneficiaries — even when it's not strictly required — meaningfully reduces the chance of a dispute escalating later. See our guide on what to do when beneficiaries disagree if that's already happening.
Can an executor buy the house themselves?
It's possible, but it's a direct conflict of interest and needs to be handled carefully — usually requiring full disclosure to every beneficiary, an independent appraisal to establish fair value, and sometimes formal court approval. Skipping these protections is one of the more common ways an executor exposes themselves to a legitimate challenge later.
What happens before the executor has authority to sell
An executor's authority to sell real estate generally doesn't begin until the Grant of Probate is issued — see that guide for the realistic timeline and what, if anything, can happen before then.
This page provides general information about executor duties in BC and is not legal advice. Please consult a lawyer about your specific obligations and potential liability.