When an aging parent moves into care or a family member passes away, one of the first questions families often ask is: Who has the authority to sell the home?
In British Columbia, selling a property under a power of attorney is different from selling a property through an estate. The most important distinction is whether the registered homeowner is still alive.
Power of Attorney can provide authority to sell a home
A power of attorney may allow another person to manage or sell the owner’s property while the owner is alive, depending on the authority provided in the document.
There’s different type of Power of Attorney with specific limitations and therefor, if the plan is to sell the home, the Power of Attorney chosen should be the one that give that specific authority.
Power of Attorney have expiration date. In addition, when the owner passes away, the power of attorney ends. Responsibility then shifts to the person legally authorized to administer the estate, such as an executor or court-appointed administrator.
The probate process may be required to confirm that authority before the property transaction can be completed.
Watch: Power of Attorney vs Probate in BC
In this episode of Handling an Estate Sale, Mark Hammer and Martine Perron explain the practical difference between selling a home under a power of attorney and selling an estate property through probate.
The video also discusses what could happen if the homeowner passes away after accepting an offer but before the transaction is completed.
What is a power of attorney?
A power of attorney is a legal document that allows one person, called the attorney, to make certain financial and property decisions for another person, called the principal.
Despite the name, the person acting as the attorney does not have to be a lawyer.
An enduring power of attorney may continue to be effective if the homeowner becomes mentally incapable. However, the document must provide the necessary authority, and special signing and witnessing requirements may apply when it will be used for a real estate transaction.
The attorney must act within the authority provided by the document and in the best interests of the homeowner.
Most importantly, a power of attorney can only be used while the homeowner is alive. Under section 30 of British Columbia’s Power of Attorney Act, an enduring power of attorney terminates when the adult who made it dies.
There is also specifications that needs to be done when listing the home under a POA.
What is probate?
Probate is the court process that confirms the validity of a will and recognizes the authority of the person applying to administer the estate.
If there is a will, that person is commonly called the executor. If there is no will, or the named executor cannot act, someone may need to apply to become the estate’s administrator, also called the personal representative.
A court-issued representation grant provides the personal representative with authority to administer the estate covered by the grant. The powers and responsibilities of personal representatives are addressed in British Columbia’s Wills, Estates and Succession Act.
Probate is not the person selling the home. The executor or administrator sells the property on behalf of the estate, subject to the will, the law and any legal requirements affecting the transaction.
Power of attorney versus probate
| Situation | Who may have authority? | Important consideration |
|---|---|---|
| The homeowner is alive and capable | The homeowner or a properly authorized attorney | The power of attorney must permit the transaction and not expired |
| The homeowner is alive but incapable | An attorney acting under a valid enduring power of attorney | The document and its signing requirements should be reviewed |
| The homeowner has passed away with a will | The executor or other authorized personal representative | A grant of probate may be required |
| The homeowner has passed away without a will | A court-appointed administrator | A grant of administration may be required |
Every situation is different. Families should have the documents and the property title reviewed by a qualified BC estate lawyer or notary before making decisions.
What happens if the homeowner dies before the sale completes?
This can become complicated quickly.
The power of attorney terminates when the homeowner dies, even if an offer has already been accepted. However, the death does not necessarily mean that the existing contract simply disappears.
The agreement, title and circumstances of the estate must be reviewed immediately. The estate may require a grant of probate or another legal step before the transaction can be completed.
If this happens, the family should contact the conveyancing professional and an estate lawyer immediately. Do not assume that the person who held the power of attorney can continue signing documents after the homeowner’s death.
Should families start preparing before probate is completed?
Families can often begin discussing the property, gathering information and creating a real estate plan before probate is completed.
That planning may include:
- Confirming who has legal authority
- Reviewing the property title
- Understanding the likely selling expenses
- Maintaining insurance, heat and electricity
- Deciding what to do with the contents
- Identifying repairs or preparation that may be needed
- Establishing a potential pricing and marketing strategy
- Creating a communication plan for family members
However, the authority to list, sign or complete a sale should always be confirmed with the appropriate legal professional.
How Mark Hammer and Our Team Help Families Handle an Estate Property
The legal work belongs with your lawyer or notary. Our role is to help your family understand and manage the real estate side of the process.
Mark Hammer has extensive experience helping Vancouver families prepare and sell estate properties. Martine Perron, a Realtor on the Hammer Group team, has also completed the professional development course Navigating Transactions Involving Powers of Attorney and Executors to deepen the team’s understanding of the issues that can arise during these transactions.
We can help your family:
- Assess the property and its current condition
- Determine what preparation may be worthwhile
- Identify the likely buyer for the home
- Establish a pricing and marketing strategy
- Create a realistic selling timeline
- Keep family members informed throughout the process
- Coordinate with the lawyer or notary handling the estate
- Connect you with trusted professionals when additional help is needed
Our professional connections include lawyers, notaries and other service providers who may be needed to prepare, maintain or sell an estate property. We can help you identify whom to contact while ensuring that legal, tax and financial questions remain with the appropriate professionals.
Even if the home will not be ready to sell immediately, having an action plan can make the responsibilities, costs and next steps feel much more manageable.
If you are preparing to sell a family home or estate property in Vancouver, contact Mark Hammer and the Hammer Group Realtors team to create a clear, step-by-step real estate plan.
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Hammer Group Realtors
Frequently asked questions
Does a power of attorney continue after someone dies in BC?
No. An enduring power of attorney terminates when the person who granted it dies. Authority over the deceased person’s estate then shifts to the appropriate personal representative.
Is an executor the same as someone with power of attorney?
No. An attorney acts for a living person under a power of attorney. An executor administers a deceased person’s estate according to the will and applicable law.
Can an executor sell a house before probate is completed?
It depends on the property, how title is registered, the terms of the will and the transaction. An executor may have responsibilities beginning at death, but a grant of probate may be required to complete a property transfer. Obtain legal advice before listing or accepting an offer.
What happens when there is no will?
Someone may need to apply to the court for a grant of administration. If approved, that person becomes the administrator with authority to deal with the estate.
Helpful British Columbia resources
- BC Power of Attorney Act
- BC Wills, Estates and Succession Act
- BC Government probate forms
- People’s Law School: Probating a Will in BC
- People’s Law School: Probate and Administration Forms
Important legal disclaimer
This article and video provide general real estate information for British Columbia and are not legal, tax, accounting or estate-planning advice. Estate matters are fact-specific, and the applicable requirements may change.
Mark Hammer, Martine Perron and Hammer Group Realtors are not providing legal advice. Before listing, selling or signing documents for a property under a power of attorney or as part of an estate, consult a qualified British Columbia estate lawyer or notary and obtain tax or accounting advice where appropriate.
October 13, 2026