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Core Legal Concepts

The foundational terms and processes — start here if you're not sure what applies to you yet.

Probate in BC Explained

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

Power of Attorney & Real Estate

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

Committee of the Estate

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

Grant of Probate vs. Administration

The difference when there's a will versus when there isn't.

Representation Agreements

A distinct BC document from POA, covering health and personal care decisions.

The Executor's Role

Duties, fiduciary responsibility, and liability when selling a home.

Multiple Wills in BC

Primary vs. secondary wills, and which one covers real estate.

How BC Probate Fees Work

How fees are calculated based on estate value.

Dying Without a Will

Intestacy in BC — what happens to a home when there's no will.

The Public Guardian and Trustee

Their role in estates and committeeships when no family member can act.

Joint Tenancy vs. Tenants in Common

How ownership structure affects what happens when an owner dies.

Tax, Trusts & Disputes

Money & Family Complications

Capital gains, exemptions, trusts, and what happens when people don't agree.

Capital Gains on Death

How deemed disposition actually works — not a US-style stepped-up basis.

Property Transfer Tax Exemptions

BC PTT exemptions for transfers to beneficiaries and executors.

Life Estates & Real Estate

What a life estate means for selling the property.

Trusts That Hold Real Estate

Testamentary and family trusts, and selling from a trust.

Selling Before Probate Is Granted

Conditional listings and timing considerations.

A Contested Will & a Pending Sale

What happens to a home sale if the will is challenged.

Blended Family Estate Disputes

Second marriages and real estate disputes in an estate.

When Beneficiaries Disagree

Disputes over selling, pricing, or timing.

Beneficiary Buyouts

When one heir wants to keep the home and buy out the others.

No One Will Act as Executor

What happens when a named executor refuses, or none exists.

Specific Situations

Common Complications

Real situations that come up constantly — find yours.

A Joint Owner Dies

How title transfers under right of survivorship.

When Attorney & Family Disagree

Conflicts between the person acting under POA and the family.

Insuring a Vacant Estate Home

Insurance, security, and maintenance during probate.

Mortgages After Death

What happens to an existing mortgage or HELOC.

Unpaid Taxes & Liens

Handling debts discovered during probate.

Out-of-Province Executors

Being an executor who lives outside BC.

Non-Resident Beneficiary Tax

Withholding tax considerations for non-resident beneficiaries.

Selling a Tenanted Property

When the estate home has a tenant living in it.

Strata Properties & Probate

Form B, strata approvals, and depreciation reports.

Manufactured Homes & Probate

Extra steps for homes on leased land.

Practical Steps

Getting the Home Ready to Sell

The hands-on side — documents, timelines, and what actually needs to happen.

Why Work With a Probate Specialist

Why this experience matters vs. a generalist agent.

Documents You'll Need

What to gather before listing.

Who Actually Signs What

Signing authority at each stage of the sale.

Realistic Timeline

Start-to-finish timing for a probate real estate sale.

Valuing an Estate Home

Appraisal for probate purposes vs. market listing.

Preparing the Home for Sale

Cleaning out, repairs, and staging considerations.

Clearing Out an Estate Home

Dealing with a lifetime of belongings before a sale.

Executor Compensation

How executor fees and commission fit into estate expenses.

Not Sure Where to Start?

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