Estate Sales: An Intro

Selling a house as an executor in Saskatchewan involves two overlapping processes: estate administration and the real estate sale itself. Once you contact a lawyer, below is the practical step-by-step flow most executors follow.

1. Ensure you actually have authority as executor

First confirm:

• There is a valid will naming you as executor, or;

• If there is no will, you apply to the court to become the administrator

In Saskatchewan, the court confirms your authority through a Grant of Letters Probate issued by the Court of King's Bench for Saskatchewan. This legal document proves you have the authority to deal with the deceased’s assets.

You’ll need to file documents such as:

• Application for Grant of Probate

• Death certificate

• Original will

• Affidavits confirming the will and executor

• A Statement of Property listing all estate assets and debts

2. Determine if probate is required

Probate may not be required if the home:

• Was owned jointly with right of survivorship

• Transfers automatically to a surviving spouse/owner

But probate is usually required if the house:

• Was owned solely by the deceased

• Is being transferred or sold from the estate

Lawyers and land titles offices will require probate before the title can be transferred to a buyer.

3. Secure and manage the property

Before selling, the executor must protect the asset. This includes tasks such as:

• Changing locks/securing the home

• Maintaining insurance

• Continuing to pay property tax, utilities, and mortgage

• Documenting contents and estate assets

This happens during the pre-probate period while paperwork is prepared.

4. Apply for probate

Once documents are ready, the application is filed with the court. A typical timeline in Saskatchewan is approximately 6-12 weeks for court approval after filing (if uncontested).

Hire a real estate agent to price the home and discuss marketing and listing for when probate is complete. Sometimes, a home can go to market prior to probate being finished, with the sale being conditional to probate finalization - discuss with your lawyer which option is best for you. The title transfer cannot close until probate is issued.

Probate fees in Saskatchewan are roughly $7 per $1,000 of the estate value passing through probate.

5. List and sell the house

Once probate is granted, the executor can legally sell the property.

The process generally looks like:

1. Inform your real estate agent

2. Prepare the home (cleaning, repairs, staging if needed)

3. List the property and market it

4. Accept and negotiate offers

5. Complete closing and transfer title to the buyer

A typical sale timeline is similar to any home sale, approximately 30-60 days, depending on financing and other conditions.

6. Pay debts and taxes from the sale proceeds

After the house sells, the executor must pay estate obligations before distributing funds:

• Mortgage (if any)

• Property taxes

• Legal and probate fees

• Outstanding debts

• Final income tax return and CRA clearance

• Real estate fees

7. Distribute proceeds to beneficiaries

Only after debts and taxes are settled can the remaining funds be distributed to beneficiaries. Once everything is settled, the executor:

• Provides an accounting to beneficiaries

• Distributes remaining proceeds according to the will

The full estate process commonly takes 6 months to over a year, depending on complexity.

In general, an Executor has a fiduciary duty to act in the estate’s best interest. That usually means selling at fair market value, keeping beneficiaries informed, and documenting decisions.

If you want to learn more about common barriers, issues, or mistakes that can happen in selling a home as an Executor, you can read more here.