MANAGING YOUR AFFAIRS

POWER OF ATTORNEY

What is a Power of Attorney?

A Power of Attorney can manage your affairs while you are alive. There are different types of powers of attorney.

A General Power of Attorney ends automatically if you become mentally incapable or die. An Enduring Power of Attorney continues — or endures — if you become mentally incapable.

Most people choose a family member or friend to be their attorney. You could also ask a professional, such as your lawyer or accountant or a trust company to be your attorney. The most important thing is to choose someone you trust.

For sellers

MANAGING YOUR AFFAIRS

REPRESENTATION AGREEMENT

What is a Representation Agreement?

A representation agreement is a document you can use to appoint someone, called a representative, to help you make, or to make, personal and health care decisions if you cannot make these decisions on your own.

There are two types of representation agreements:

Standard (Sec 7)provisions for routine management of financial affairs and legal affairs, personal care,  and minor and major health care. An adult can make a representation agreement even if they cannot make a contract or make decisions independently.

Non-standard (Sec 9) representation agreements for all personal care and health care matters. To make this type of agreement, you must understand the nature and consequences of the document when you make it. Under this type of agreement, you can give general or specific powers. A representative with general powers can give or refuse consent to health care, including health care necessary to preserve life.

For sellers

MANAGING YOUR AFFAIRS

COMMON TERMS

 What Is An Estate? The money and property owned by a particular person at death. 

What Is A Will? A legal document that communicates a persons final wishes.

What is an Executor? Wills usually name an Executor who is responsible for carrying out the instructions in the will. The Executor can be one person or several people.

When someone passes away, often a family member or close friend is named the Executor and is responsible for settling the Estate. This often includes selling the deceased parent’s or friend’s real estate holdings (house, condominium or townhome)

 Being named as the Executor for a loved one who has died can be particularly difficult. While being an Executor is a great honor, it can also be a heavy burden. In addition to dealing with the complexities of settling the Estate and selling the loved one’s home, you are often in the midst of the grieving process. An Executor must navigate probate, take inventory of the estate, settle debts, distribute assets, and deal with lawyers and accountants, often without any prior experience or guidance.

If the Executor named in the Will declines to act as Executor, or there is no Will, the Court appoints someone to act as an Administrator.

For sellers

MANAGING YOUR ESTATE

PROBATE

What Is Probate? Probate is a process that verifies a will is real under B.C. laws. Whether a will needs to be probated or not depends on the agencies and financial institutions that hold assets within an estate – they may require that a will is probated before the assets are distributed or accessed by anyone. 

What does probate mean in Canada? Probate is the approval process that takes place in Canada which validates your will and confirms the appointment of your Executor. This process is usually undertaken by an experienced legal professional.

 What triggers probate in Canada? Probate is the process that grants the legal authority for your Executor to act. So if you have assets that are to be passed onto another person, then your estate must be probated in Canada. This is the same whether or not you have a Will. 

What is the probate fee in BC? The probate fee is a tax charged by the court to approve a will, or in the case of an intestate's estate (no will), approve the administrator of the estate. In BC, the fee is currently roughly 1.4% of all the assets passing through the estate.

For sellers

MANAGING YOUR ESTATE

PROBATE

What assets are not subject to probate in BC? Usually jointly-held assets and beneficiary-designated assets are excluded from probate. Generally, assets that are in a deceased person's name without a beneficiary designated are subject to probate. 

Can you sell a property before probate is granted in BC? Title to the residence needs to be first transferred to the executor before it can be sold. This is called a transmission. The Grant of Probate and the transmission are submitted to Land Titles to put the title in the name of the Executor. 

Question: Since one cannot transfer the home’s title to a new owner until probate is granted is it better to wait until you have been granted probate before listing the house for sale?

Answer: It depends.  In a seller’s market, it may be in the Estate’s best interest to list the home for sale before having received Probate. Even if the Estate is straightforward, the probate courts can be delayed and receiving a grant of probate can take months.  In that time, the real estate market could shift and the home value could be lower after probate is granted. You may also delay listing the property so there is not an extended period of time before completion – approximately 90 days is ideal.

For sellers

A Consultation & Home Evaluation Is A Helpful Tool To Assist In Navigating The Process

Pre-Probate Evaluation

HOME EVALUATION

Handling the Estate of a loved one is often filled with difficult emotions and numerous tasks that need to be completed. Our goal is to make it as stress-free as possible by guiding you and your family through the Estate selling process. Please contact us if you have questions about listing an Estate property.  

Estate Planning Links:

Nidus.ca - Personal Planning & Resource Centre

Clear Estate | Online Estate Planning Service

Click-Law

Dial-A-Law

People's Law School

BC Gov Resource


All information provided as a reference only - please consult with your lawyer or notary that specializes in Estate Planning

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What Clients Say About Rick

Rick was a tremendous help during the estate sale of our Mom's townhouse. There were many ups and downs during the process and he was just great the entire time. He was so professional and made the entire transaction from beginning to end stress free.

- Dayle F.

 Rick did an excellent job in selling our late parent’s home of 60 years. His marketing with professional photos and video made the old home look fantastic. Rick was a pleasure to work with, he’s personable, professional and a really great guy. We felt instantly comfortable after our first meeting, choosing Rick as our realtor was the right choice. My sister and I would highly recommend Rick to anyone planning on selling or buying real estate. Thank you Rick!

- Ralph & Mary

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Data was last updated April 25, 2025 at 07:35 AM (UTC)

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