Estate Sale Check List

☐ Do we have a copy of the grant of probate or the letters of administration stamped by the Supreme

Court? If so, we are good to go. Please include the document for approval.

☐ If Probate has not been granted, do we have a letter from a professional like a Lawyer, Notary Public,

or Professional Accountant that the person who we are dealing with has the right to act on behalf of the

estate to list the property? If we have a letter then we are good to go. Please include the document for

approval.

☐ If we do not have the above and we have a copy of the will and copy of the death certificate, we will

require a letter that the will is still valid and that the person appointed in the will has the authority to act

on behalf of the estate. The concern is that there may be multiple wills. Please refer this to a managing

broker in these situations.

If a real estate professional is considering acting on behalf of an executor of an estate that is selling

property, or acting for a buyer of an estate property, they should confirm whether the executor or

administrator has the legal authority to act on behalf of the estate. This authority will take the form of a

grant of probate or letters of administration.

If a grant of probate or letters of administration has not been obtained, then the executor or the

administrator may not have the legal authority to sign a listing agreement, or enter into a Contract of

Purchase and Sale on behalf of the estate.

Real estate professionals are therefore encouraged to advise their client to seek independent legal

advice before their client signs a listing agreement, and/or enters into a Contract of Purchase and Sale.

An example of the proper way for an executor or administrator to sign a contract on behalf of the estate

is: ‘‘G. Seller, Executor [or Administrator] of the Estate of (name of the deceased).’’

On March 31, 2014 the 

[SBC 2009] c. 13 came into force, replacing a

number of BC statutes, including the Estate Administration Act, Wills Act, and Wills Variation Act.