Estate & Probate

When someone dies, the person responsible for administering the estate is called the personal representative.

If there is a valid will, this is usually the executor named in the will. Probate is the Court process that confirms the executor's authority.

If there is no valid will, someone normally needs to obtain a Grant of Administration before they have authority to administer the estate. Being the spouse, child or other close relative does not automatically give someone authority to sell the deceased's real estate

Power of Attorney

A Power of Attorney allows someone to make specified financial decisions for a living property owner. An Enduring Power of Attorney can continue if the owner loses capacity, depending on its terms.

The attorney acts for the owner they do not become the owner and the actual document needs to provide sufficient authority for the transaction being contemplated

A Power of Attorney ends when the owner dies. From that point, authority to deal with the property comes through the estate, not the POA.

Do You Have to Wait for Probate Before Listing?

Not always, but listing a property and being able to complete the sale are two different things.

If There Is a Valid Will

An executor named in a valid will may sometimes be able to prepare, list and even enter into a conditional sale while the Grant of Probate is being obtained.

However, Alberta Land Titles generally requires the appropriate Grant before the deceased owner's interest can be transmitted to the personal representative and the eventual property transfer completed.

If There Is No Will

The situation is different where there is no valid will. An administrator generally needs Court authority through a Grant of Administration before they can act for the estate, including entering into a real-estate representation agreement.

Not every property necessarily passes through the estate. For example, property held in joint ownership may pass directly to a surviving joint owner. Your lawyer should confirm how title is held and what process applies before the property is marketed.

We like to involve the estate lawyer early so we know who can give instructions, whether the property can be listed and what needs to happen before closing.

Selling a Home Under a Power of Attorney

Start With the Document

There is no single standard POA. We want the lawyer to confirm that the document is valid, in effect and gives the attorney sufficient authority to deal with the owner's real estate.

An ordinary POA and an Enduring POA are also not necessarily the same: an ordinary POA can cease to operate if the donor loses capacity, while an EPOA can continue according to its terms.

The Attorney Has Responsibilities

The attorney is acting on behalf of the owner. Decisions about price, preparation and offers should therefore be made with the owner's interests in mind and properly documented.

Check Everything Early

Authority, title requirements and signing arrangements are best reviewed before the property is listed, rather than discovering a problem once an offer has been accepted.

The earlier the authority is confirmed, the easier it is to keep the real-estate transaction moving smoothly.

What Should We Do With the Home Before Selling?

Estate properties can contain decades of belongings and deferred decisions. Not every home needs to be emptied, renovated or extensively staged before it goes to market.

Our first job is to determine what will actually improve the sale—and what will simply create more work and expense.

Contents & Personal Belongings

We help identify what needs to be removed for presentation and what can reasonably remain while family and estate matters are being addressed.

Clean, Repair or Sell As-Is?

Sometimes cleaning, paint, yard work and a few targeted repairs produce an excellent return. In other cases, an extensive renovation makes little financial sense and an as-is strategy is more appropriate.

Staging & Presentation

We can work with existing furniture, supplement with selected staging pieces or use virtual staging for vacant properties.

Trades & Property Services

Where needed, we can help coordinate cleaners, junk removal, trades, landscaping, staging, photography and other property-related work.

Our recommendation is based on your time and return, not on doing work simply because the property is going on the market.

Market Value for the Sale

We provide a documented comparative market analysis using recent sales, current competition, location, property condition and buyer demand.

This gives the authorized decision-maker a clear basis for setting a listing price and evaluating offers.

Date-of-Death Value Can Also Matter

For Canadian tax purposes, capital property such as real estate is generally treated as having been disposed of at fair market value immediately before death, subject to important exceptions such as certain transfers to a spouse or common-law partner.

A subsequent change in value before the estate sells the property can have tax implications. The executor should obtain tax advice from the estate's accountant or lawyer.

A well-supported valuation isn't only useful for pricing the home, it can also provide important information to the estate and its professional advisers.

Keeping the Property Safe and the Sale Organized

Insurance

If the property becomes vacant or its occupancy changes, contact the insurer early. Estate representatives should not simply assume the existing home insurance continues unchanged.

Utilities & Maintenance

Heating, water, snow removal, lawn care and basic maintenance may need to continue while the property is being administered and marketed.

Access & Security

We help control showing access and consider security carefully where the home is vacant or still contains personal possessions.

As-Is Doesn't Mean No Disclosure

An estate seller may genuinely have limited knowledge of a property, which is one reason an “as-is, where-is” term may sometimes be appropriate. However, AREA specifically notes that such wording cannot be used to avoid disclosure of a known material latent defect

Keep the Lawyer Informed

Probate timing, possession dates and closing requirements should be coordinated so the real-estate agreement does not create obligations the estate cannot meet.

Making the Property Sale One Less Thing to Manage

Our role is to simplify the real-estate work while the appropriate professionals handle the legal, tax and estate matters.

Establish the Plan

We assess the property, market, contents and condition and give you a clear recommendation about preparation, pricing and timing.

Reduce the Workload

We can help coordinate the practical pieces cleaning, trades, staging, photography, property access and marketing so the executor or attorney is not trying to organize everything alone.

Keep Everyone Informed

Where appropriate, we provide clear market information and updates to the authorized decision-maker and coordinate with the professionals already involved.

Know Where Our Role Ends

Questions about probate, authority, beneficiaries, taxes and legal obligations belong with lawyers and accountants. We identify those issues early and work alongside them rather than attempting to provide advice outside our role.

Our goal is straightforward: protect the property's value, reduce unnecessary work and make the real-estate portion of the process as organized as possible.

Frequently Asked Questions

Helpful Alberta Estate & POA Resources

These government and consumer resources provide additional information about estates, probate, powers of attorney, taxation and the responsibilities of people acting on behalf of others.

Alberta — Deceased Persons' Estates

Information about probate, administration, personal representatives and dealing with estate assets.

Visit Alberta.ca

Alberta — Enduring Power of Attorney

Explains how an Enduring Power of Attorney works, when it takes effect and when it ends.

Visit Alberta.ca

Alberta — Wills

General Alberta information about wills, executors, beneficiaries and estate planning.

Visit Alberta.ca

Alberta Court of King's Bench — Surrogate Matters

Information about probate and estate applications through Alberta's Court of King's Bench.

Visit Alberta Courts

CRA — When Someone Dies

Federal information about tax returns, capital gains, clearance certificates and tax responsibilities following a death.

Visit Canada.ca

Centre for Public Legal Education Alberta

Plain-language Alberta legal information for personal representatives and people acting under an Enduring Power of Attorney.

Visit CPLEA
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