Learn
Probate Power of Attorney Committee of the Estate View All Guides → Free Checklist Blog Our Team Contact Get Help Now

The short version: moving a property from a deceased person into their executor's name to administer the estate, and then out to a beneficiary as a genuine distribution of the will, are both generally exempt from BC's Property Transfer Tax. Selling that same property to an outside buyer afterward is a normal, taxable transfer like any other sale.

Transfer to the executor or administrator

When a property moves from the deceased's name into the name of the executor (or administrator, if there's no will) so the estate can be properly administered, this transfer is generally exempt from Property Transfer Tax — provided the property is genuinely part of the deceased's estate. A Property Transfer Tax return still has to be filed at the Land Title Office, it just claims the applicable exemption code rather than triggering the tax.

Transfer to a beneficiary

Transferring the property onward to a beneficiary, under the terms of the will or under BC's intestacy rules if there's no will, is also generally exempt — as long as it's a genuine distribution of the estate rather than something structured to look like a distribution but function as a sale. If the property was the deceased's principal residence and the beneficiary receiving it is a related individual, there's a specific, separate exemption for that situation too.

Where the exemption stops applying

These exemptions cover the internal movement of the property within the estate process — from the deceased, to the executor, to a beneficiary. They don't extend to an actual sale on the open market. If the estate sells the home to an unrelated buyer, that buyer pays Property Transfer Tax the normal way, calculated on the purchase price, exactly like any other real estate transaction.

Mark Jontz works through this distinction with executors regularly — understanding early which parts of a transaction are exempt and which aren't helps avoid surprises at closing, especially when beneficiaries are weighing whether to take the property directly or have the estate sell it first.

Family farm transfers

If the property involved is a family farm, there's a distinct, separate exemption available for transfers from a deceased's estate to a related individual, a sibling of the deceased, or a sibling's spouse — farm property is treated differently enough from a standard residential transfer that it's worth flagging specifically and early if it applies.

This page provides general information only and is not legal or tax advice. Exemption eligibility depends on specific facts and documentation — please consult a lawyer or notary handling the Property Transfer Tax return about your specific situation.

Common Questions

Property Transfer Tax Exemptions — FAQ

Does an executor pay Property Transfer Tax when the property moves into their name to administer the estate?
No — a transfer to a personal representative (executor or administrator) of a deceased's estate is generally exempt, provided the property is genuinely part of the estate being administered. A Property Transfer Tax return is still filed, just claiming the exemption rather than paying the tax.
Does a beneficiary pay Property Transfer Tax when the property transfers to them?
A transfer to a beneficiary under a will, or on an intestacy, is generally exempt when it's a genuine distribution of the estate — not a disguised sale. If it was the deceased's principal residence and the beneficiary is a related individual, a separate, specific exemption (related individual deceased estate) can also apply.
Does this exemption apply when the estate sells the home on the open market to a buyer who isn't a beneficiary?
No — that's a regular arm's-length sale, and the buyer pays Property Transfer Tax the normal way, the same as any other purchase. The estate-related exemptions only apply to the internal transfer from the deceased to the executor or to a beneficiary, not to a subsequent sale to an outside buyer.
Is the exemption automatic, or does someone have to apply for it?
It's claimed on the Property Transfer Tax return filed at the Land Title Office using the relevant exemption code — it isn't automatic in the sense of requiring no paperwork, but it doesn't require a separate application process either. Getting the paperwork right is exactly the kind of detail a lawyer or notary handling the transfer manages.
What about transferring a family farm as part of an estate?
There's a separate, specific exemption available for family farm transfers from a deceased's estate to a related individual, sibling, or a sibling's spouse — farm property has its own distinct rules worth flagging early if it applies to your situation.
Property Transfer Tax

Not sure what applies to your situation?

Tell us what's happening and we'll help you understand what exemptions might apply before you file anything.

✓ Got it — we'll be in touch within one business day.
Something went wrong. Please call us at 250-861-6002.
📞 250-861-6002 💬 Text Us