The short version: the person with legal signing authority is whoever holds the formal legal appointment — the executor (with a Grant of Probate), the administrator (with a Grant of Administration), the attorney (under a valid Power of Attorney), or the Committee (under a court order) — not simply whoever is "in charge" informally within the family.
Probate sales: the executor or administrator signs
Once a Grant of Probate (or Administration) is issued, the named executor or administrator has the legal authority to sign listing agreements, accept offers, and complete the sale on behalf of the estate. If there are multiple executors named, BC generally requires all of them to act jointly unless the will specifically states otherwise — worth confirming this early if there's more than one executor, since it affects how quickly decisions can move.
Do beneficiaries need to sign anything?
Generally, beneficiaries don't have formal signing authority over the property sale itself — that authority rests with the executor. However, keeping beneficiaries informed and, ideally, in agreement is practically important: a sale that proceeds over the objection of beneficiaries can invite disputes or even legal challenges, even if the executor was technically within their rights. See our guide on preparing an estate home for sale for how to manage this proactively.
Power of Attorney sales: the attorney signs
The person named as attorney under a valid, properly registered enduring Power of Attorney signs on behalf of the homeowner. The homeowner themselves does not need to (and in many cases cannot, given their incapacity) sign anything directly.
Committee of the Estate sales: the Committee signs, with court approval
The appointed Committee signs the relevant documents, but as covered in our Committee of the Estate guide, the sale itself typically requires separate court approval before or alongside the Committee's signature.
Where lawyers and notaries fit in
The estate's lawyer or notary doesn't typically sign the real estate contract itself, but they play an essential role: preparing and reviewing the legal documents, confirming signing authority is valid, and handling the actual property transfer at the Land Title Office. Mark Jontz coordinates directly with whoever is filling this role, so the real estate and legal sides of the transaction move together.
This page provides general information only and is not legal, financial, or tax advice. Please consult a lawyer, notary, or accountant about your specific situation.