Usually yes. If the house was in the deceased's name alone, you need probate to transfer or sell it. The Land Title Office requires a grant before they'll change ownership. The main exception is joint tenancy – if the property was held jointly with right of survivorship, it passes automatically to the surviving owner.
You need probate if:
- The house was in the deceased's name alone
- The house was held as "tenants in common" (deceased's share doesn't auto-transfer)
You don't need probate if:
- The house was held in joint tenancy with right of survivorship
- You just need to file a "transmission" application at Land Title with a death certificate
How to check ownership type
- Order a title search from the Land Title Office (~$15)
- Look for "Joint Tenants" or "Tenants in Common"
- If it just shows the deceased's name alone, probate is required
Read the full guide on when probate is required →
Return to the Complete BC Probate Guide →
Frequently asked questions
How do I know if the house was joint tenancy?
Check the property title at the Land Title Office. It will show the ownership type. You can also check the original transfer documents from when the property was purchased.
Can I sell the house without probate?
No. To sell, you need to transfer title to your name first (as executor), which requires the grant. The buyer's lawyer will require proof of your authority.