The short version: if there's a valid will naming an executor, the court issues a Grant of Probate. If there's no will — or the named executor can't or won't act — the court issues a Grant of Administration instead, appointing an administrator. Both grants give the same legal authority to manage and sell estate assets, including real estate.
When each one applies
A Grant of Probate confirms a will is valid and formally appoints the executor named in it. A Grant of Administration applies in two situations: when someone dies "intestate" (without a will at all), or when a will exists but the named executor is unable, unwilling, or unavailable to act. In the intestate case, the estate is distributed according to BC's intestacy rules under the Wills, Estates and Succession Act (WESA) — see our dying without a will guide for how that distribution actually works.
Same authority, different starting point
This is worth understanding clearly: once granted, an administrator has the same legal powers as an executor to manage, and if appropriate sell, the estate's property. Financial institutions and the Land Title and Survey Authority treat the two grants equivalently for the purpose of transferring real estate. The real difference isn't about authority — it's about what instructions are being followed. An executor follows the will. An administrator follows BC's intestacy rules, since there's no will to follow instead.
Who can apply to be an administrator
BC law sets out a priority order for who can apply, generally starting with a surviving spouse, then adult children, then other close relatives, roughly following the same order used to determine who inherits under intestacy. When there are several people with equal standing to apply — several adult children, for example — they sometimes need to agree on who will actually apply, or apply jointly, which can itself take real time to sort out before the court application even begins.
Mark Jontz has worked with both executors and administrators across hundreds of estate transactions, and the honest truth is the real estate side of the process looks almost identical either way. What actually matters for timing a sale correctly is understanding which grant applies to your situation and where you are in that process — not which title you happen to hold.
What if the named executor won't act?
An executor is never legally forced to accept the role — they can decline, or formally renounce it even after initially agreeing. If that happens, the estate doesn't go unmanaged: someone else (often a major beneficiary or close family member) typically needs to apply for a Grant of Administration with the will annexed, which still follows the will's instructions for distribution, just without the originally-named executor managing it.
What this means for selling the home
Whichever grant applies, the practical real estate process is largely the same: the grant needs to be issued before the property can be legally transferred, the same kind of notice and waiting periods generally apply, and the realistic timeline runs 3-6+ months in either case. See our Probate in BC Explained guide for the fuller process and timeline.
This page provides general information about BC estate grants and is not legal advice. Please consult a lawyer or notary about your specific situation.