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Selling an Estate or Family Home
Selling an Estate or Family Home in BC — Inherited Homes, Probate & Taxes | Janine Thomson, SRS®
Selling Your Home › Selling an Estate or Family Home — Victoria BC
Victoria, BC · Seller Resource Guide
Selling an estate or family home — handled with patience, clarity, and care.
Selling the home of someone you’ve lost is unlike any other sale. It carries legal steps like probate, financial decisions like taxes, and a family’s memories all at once — often while you’re still grieving. This guide walks you gently through how probate works from beginning to end, how the sale itself unfolds before, during, and after listing, how families can make decisions together, and the tax picture, including what happens if the home changes in value after the date of death. There’s no rush, and no question is too small.
No inheritance taxBut deemed-disposition rules apply
~1.4%Approx. BC probate fee on estate value
3–6 monthsTypical time to a grant of probate
SRS®Seller Representative Specialist
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An estate sale is a legal process, a financial one, and a deeply human one
Selling an inherited or estate home means holding three things at once. There’s the legal process — usually probate, which gives the executor the authority to sell. There’s the financial side — valuations, probate fees, and the tax treatment of the property. And underneath it all is the emotional weight — a family home full of memories, and often a family that needs to make decisions together while grieving.
None of it needs to happen quickly. One of the most reassuring things to know is that the timeline is usually flexible: you can take the weeks you need to get organized, involve the right professionals, and let the family arrive at decisions at a humane pace. My role is to handle the real estate carefully and respectfully — and to work in step with the lawyer or notary and accountant guiding the estate — so that you’re never carrying it alone.
This guide is written to demystify the parts that feel daunting: what probate is and how it runs from beginning to end, how the sale unfolds before, during, and after listing, how families can decide together, and the tax questions — including the one people miss, about the home’s value after the date of death.
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A gentle first step. You don’t need a plan before you reach out — often the most helpful thing is simply an unhurried conversation to understand your options and the order things happen in. Reach out whenever you’re ready; there’s no cost, no pressure, and no timeline you have to meet.
Who’s who
Inherited homes — the roles and how the home passes
Before anything is listed, it helps to understand who holds the authority to sell and how the home moves through the estate. A few key terms make the whole process clearer.
The estate
What “the estate” means
When someone dies, their assets — including the home — form their estate. Until it’s settled, the estate (not the individual beneficiaries) owns the property, and the home is sold by the estate. The proceeds flow into the estate, where debts and taxes are paid before anything is distributed.
The executor
Executor or administrator
If there’s a will, it names an executor to carry out the wishes in it. If there’s no will (or no named executor able to act), the court appoints an administrator. Either way, this person has the legal duty and authority to manage the estate — including listing and selling the home — once probate is granted.
The beneficiaries
Who inherits
Beneficiaries are the people entitled to receive from the estate — named in the will, or determined by BC’s Wills, Estates and Succession Act (WESA) if there’s no will. Beneficiaries don’t each hold title to the home; they receive their share of the estate after it’s settled.
How it passes
Sole name vs. joint tenancy
If the home was in the deceased’s name alone, transferring or selling it almost always requires probate. If it was held in joint tenancy with someone still living, it typically passes directly to the surviving owner by survivorship, outside the estate — a key distinction your lawyer or notary will confirm.
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Every estate is different. Whether probate is needed, who has authority, and how the home is titled all depend on the specific situation — and these are questions for a BC lawyer or notary, not assumptions. The good news is that once those basics are confirmed, the path forward becomes much clearer.
Beginning to end
The probate process — how it works, step by step
Probate is the process where the Supreme Court of British Columbia confirms that a will is valid and that the executor has the authority to act. The court issues a document called a Grant of Probate (or, where there’s no will, a Grant of Administration). It matters for a home sale because the Land Title Office almost always requires that grant before the estate can transfer title of a property held in the deceased’s sole name. Here’s how it generally runs from beginning to end:
1
Locate the will and confirm the executor
Find the most recent valid will and confirm who is named executor (and any alternates). If there’s no will, a family member typically applies to be appointed administrator under WESA. This is the moment to engage a lawyer or notary if you’d like help.
2
Notify the beneficiaries
Before applying, the executor must give written notice to the beneficiaries and certain relatives — and generally wait at least 21 days before filing the application. This built-in pause is normal.
3
Inventory the estate and get date-of-death values
The executor lists all assets and debts and establishes their value as of the date of death. For the home, that usually means a professional appraisal or a REALTOR®’s date-of-death market evaluation — a number that matters for both probate fees and taxes later.
4
File the application with the BC Supreme Court
The executor files the will, the asset and debt lists, and supporting documents with the probate registry, and pays the probate fees. Those fees follow a set schedule — roughly 1.4% of the estate’s gross value (see below) — and are usually paid from estate funds.
5
The registry reviews and issues the grant
The court reviews the application — currently several weeks for a straightforward file — and issues the Grant of Probate. From date of death to grant, a simple estate often takes about three to six months; complex or contested estates take longer.
6
Administer, then distribute
With the grant in hand, the executor can transfer or sell the home, pay debts and taxes, and eventually distribute what’s left. Executors generally shouldn’t distribute too early — there’s a waiting period (and a window during which the will can be challenged) that a lawyer will guide you through.
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How BC probate fees work. Under the Probate Fee Act, there’s no fee on the first $25,000 of the estate, $6 per $1,000 on the portion between $25,000 and $50,000, and $14 per $1,000 above $50,000 — roughly 1.4% of the gross estate value — plus a small filing fee. Fees are based on gross value (debts aren’t deducted), and assets passing outside the estate (like joint-tenancy property) generally aren’t counted. Your lawyer or notary will calculate the exact figure.
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You can usually start the sale process before the grant is in hand — but not finish it. An estate home can typically be prepared, listed, and even receive an accepted offer while probate is underway, with the sale made subject to the grant. What generally can’t happen until the grant is issued is the final transfer of title at completion. Building the probate timeline into your listing plan is exactly the kind of coordination a good REALTOR® and your lawyer handle together.
The sale itself
Selling through the estate — before, during & after the listing
An estate sale follows the same three phases as any sale, with a few extra considerations woven in. Here’s what each phase looks like when you’re selling on behalf of an estate.
Phase 1
Before the listing
Get the probate application underway with your lawyer, and obtain a date-of-death valuation. Meanwhile, protect the home: keep insurance active (many policies change when a home sits vacant — confirm coverage), maintain heat and security, and keep up the yard. Decide together whether to sell as-is or do light preparation, and give the family time to go through belongings with care. This is also when we’d meet, review the home, and map a plan around the probate timeline.
Phase 2
During the listing
The home is priced from current comparable sales and marketed like any other — often lightly staged even if vacant, since empty rooms photograph poorly. If probate isn’t yet granted, offers are typically accepted subject to probate. On disclosure, an executor who never lived in the home may complete the Property Disclosure Statement to the best of their knowledge or with stated limitations — your REALTOR® and lawyer will guide how that’s handled honestly and properly.
Phase 3
End of the listing & closing
Once an offer is firm and the grant is in hand, the sale completes: the estate (as seller) transfers title through the lawyer or notary, and the proceeds flow into the estate — not directly to individual beneficiaries. From there the executor settles remaining debts and taxes, ideally obtains a clearance certificate from the CRA, and then distributes what remains to the beneficiaries according to the will.
Throughout
One calm point of contact
Estate sales involve more moving parts — the executor, beneficiaries, a lawyer or notary, an accountant, sometimes several family members in different cities. Part of my job is to keep the real estate side organized and communicative so it lightens the load rather than adding to it, and so everyone stays informed at each step.
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On clearing the home: going through a lifetime of belongings is often the hardest part, and it deserves time and sensitivity. Estate-clearing services and senior move managers can help with the heavy lifting, and there’s no need to have the home empty before we talk — we can plan the sale timeline around the family’s pace, not the other way around.
Deciding together
Family decision-making, preparation & sensitivity
The trickiest part of an estate sale is often not the paperwork — it’s the family. Grief, distance, differing finances, and different attachments to the home can turn a straightforward sale into a delicate one. A little structure and a lot of communication go a long way:
Know who actually decides. Legally, the executor or administrator holds the authority to sell — but the wisest executors keep beneficiaries informed and bring them along. Clarity about who decides, paired with open communication, prevents most conflict
Get everyone the same information. Much friction comes from family members working off different assumptions about value or timing. A professional, current market evaluation gives everyone one honest number to reason from, together
Separate the memories from the transaction. Let family divide sentimental items thoughtfully and without rush, ideally before staging and photos. Handling the emotional part with care makes the practical part far smoother
Decide sell, keep, or transfer — with eyes open. Sometimes a beneficiary wants to keep the home, or buy out the others. These paths have real tax and legal consequences, so loop in the accountant and lawyer before committing to a direction
Let a neutral professional carry the tension. When emotions run high among family, a calm, experienced REALTOR® can be the steady, neutral voice — focused on facts, fairness, and getting everyone to a good outcome without taking sides
Go at a humane pace. Outside of specific legal deadlines, most of this can move at the speed the family needs. Rushing a grieving family rarely produces better decisions — and a well-prepared, well-timed sale usually nets a better result anyway
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You don’t have to have consensus before you call. Often the most useful thing I do early on is simply lay out the process and the options clearly, so the whole family is working from the same understanding. That shared clarity is frequently what turns a tense situation into a united one.
The money questions
Taxes — and the gain in value after the date of death
This is where estate sellers most want clarity. The rules are more approachable than they sound — but the specifics belong with your accountant. Here’s the plain-English picture, in the order it matters.
Point 1
Canada has no inheritance tax
There’s no inheritance or estate tax in Canada, and beneficiaries generally don’t pay tax simply for receiving a home. Instead, taxes are settled by the estate before anything is distributed — so the question isn’t “will I be taxed for inheriting,” but “what does the estate owe.”
Point 2
Deemed disposition at death
For tax purposes, the deceased is treated as having sold their property at fair market value immediately before death. Any gain is reported on their final return and settled by the estate. This is why establishing an accurate date-of-death value matters so much.
Point 3
The principal residence exemption
If the home was the deceased’s principal residence for all the years they owned it, the principal residence exemption can eliminate or greatly reduce the capital gain on that deemed disposition — though the executor must still file the right forms to claim it. This is often why a family home passes with little or no tax on the gain up to the date of death.
Point 4
Transfers to a spouse
If the home passes to a surviving spouse or common-law partner (or a qualifying spousal trust), a tax-deferred “rollover” usually applies — the tax is postponed until that spouse later sells or passes away, rather than triggered now.
The part people miss — the value after the date of death. When the home is inherited, its cost base is generally “stepped up” to its fair market value at the date of death. If the estate then sells the home fairly soon, near that value, there’s often little or no further gain. But if the home rises in value between the date of death and the day it sells, that increase is treated as a new capital gain — and it’s commonly taxable to the estate (or to a beneficiary, if title was transferred to them first), because the principal residence exemption typically only covers the period up to death unless someone separately qualifies to claim it afterward. Generally half of a capital gain is taxable. In a rising market, or when a sale is delayed, this post-death gain is the surprise that catches families off guard — and the reason to keep good records and talk to an accountant early.
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None of this is tax or legal advice. Estate taxation depends heavily on the specific facts — how the home was used and owned, who inherits, the dates and values involved — and the rules change. Before you sell, speak with a qualified accountant and a BC lawyer or notary; the executor may also want a CRA clearance certificate confirming taxes are paid before distributing to beneficiaries. Getting a professional date-of-death valuation and keeping records of any improvements can make a real difference to the final tax result.
Estate Sales, Handled With Care
Carrying this for your family? Let’s make the real estate part the easy part.
A calm, experienced guide for selling an estate or inherited home in Greater Victoria — coordinated with your lawyer and accountant, paced to your family’s needs, and handled with the sensitivity the moment deserves. Start with an unhurried conversation; there’s no cost and no obligation.
Usually you can start — prepare the home, list it, market it, and even accept an offer “subject to probate” — but you generally can’t complete the sale and transfer title until the Grant of Probate is issued, because the Land Title Office requires it for a home held in the deceased’s sole name. In practice, we build the listing plan around the probate timeline so the two line up. Your lawyer or notary confirms exactly what’s possible for your estate.
How long does probate take in BC? ⌄
For a straightforward estate, roughly three to six months from the date of death to the grant is common, with the court registry itself currently taking several weeks to review a simple application once filed. Much of the time goes to gathering asset values, debts, and documents. Complex or contested estates take longer. Because the timeline is somewhat unpredictable, it’s wise to start the probate application early.
What are probate fees in BC? ⌄
Under the Probate Fee Act, there’s no fee on the first $25,000 of the estate, $6 per $1,000 on the portion from $25,000 to $50,000, and $14 per $1,000 above $50,000 — roughly 1.4% of the estate’s gross value — plus a small filing fee. The fee is based on gross value (debts aren’t deducted), and assets that pass outside the estate, such as joint-tenancy property, generally aren’t included. Your lawyer or notary calculates the exact amount.
Will we owe tax when we sell an inherited home? ⌄
There’s no inheritance tax in Canada, and you’re generally not taxed just for inheriting. The estate handles any tax from the deemed disposition at death, and if the home was the deceased’s principal residence throughout, the gain up to death may be exempt. The place tax often does arise is on any increase in value between the date of death and the sale — that post-death gain is commonly taxable. Because it’s fact-specific, confirm the details with your accountant before you sell.
The home went up in value since Mom passed — is that taxed? ⌄
Often, yes. The home’s cost base is generally stepped up to its value at the date of death, so if it later sells for more than that, the increase is treated as a new capital gain — typically taxable to the estate (or a beneficiary, if title was transferred to them), since the principal residence exemption usually only covers the period up to death unless someone separately qualifies to claim it afterward. Generally half of a capital gain is taxable. Keeping the date-of-death valuation and any improvement receipts helps, and your accountant can confirm the number.
There’s no will — what happens? ⌄
When there’s no will, the estate is distributed under BC’s Wills, Estates and Succession Act (WESA), which sets who inherits and in what order, starting with the spouse and children. A family member usually applies to the court to be appointed administrator, which carries the same authority and duties as an executor. It adds a step or two, and legal guidance is especially valuable here, but the home can still be sold through the estate.
One sibling wants to keep the house — how does that work? ⌄
It’s common. A beneficiary can sometimes buy out the others’ shares or have the home transferred to them as part of their inheritance, rather than selling on the open market. These paths have real tax and legal implications — and need a fair, agreed value — so it’s worth involving the accountant and lawyer, and getting an independent market evaluation so everyone knows the number is fair. I’m glad to provide that neutral valuation.
Do we have to fix up the home before selling it? ⌄
Not necessarily. Estate homes are often sold as-is, and there are always buyers for well-priced properties in any condition. Whether light preparation pays off depends on the home and the market — sometimes a clean-out and a few small touches lift the result meaningfully, and sometimes as-is is the right call. I’ll give you an honest recommendation based on your specific home, with no pressure to over-invest.
What clients say
Families who trusted Janine through a difficult sale
★★★★★
“Janine was our selling agent for our condominium. She was experienced, very professional and knowledgeable. Although this was not a straightforward sale, Janine helped us navigate through any complications by providing sound and honest advice, while always looking out for our best interests. She kept everything on track, worked well with the other professionals in order to maintain a seamless transaction, and overall made the whole experience as positive as possible! We were very happy with the final sale and would highly recommend Janine!”
— Kim Munro
★★★★★
“Janine works for you to achieve the best outcome. She is passionate about what she does. Above and beyond is what I experienced. If you want someone to truly represent you and understand your needs, she is simply the best in the area.”
— Troy Wilson, Victoria BC
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Everything you need to sell your home in Victoria, in one place.
A steady hand for a hard time. Let me carry the real estate part.
Selling a loved one’s home is never just a transaction, and I don’t treat it like one. I’ll guide the sale with patience and care, coordinate with your lawyer and accountant, keep the whole family informed, and move at the pace that’s right for you. No question is too small, and there’s never any pressure.
You don’t have to navigate probate, family decisions, and the sale on your own. Let’s start with an unhurried conversation about where things stand and what comes next — free, private, and entirely without pressure.
