Selling a Home When There's No Will: Intestacy in BC

If a parent, spouse, or loved one dies without a will in British Columbia, the family home cannot simply be handed around by whoever feels ready to act. Under BC's Wills, Estates and Succession Act (WESA), the law decides who inherits, and a court-appointed administrator holds the authority to sell. This guide explains how intestacy works in BC, who can sell the family home, how long it takes, and the practical steps families in Greater Victoria can expect along the way.

The process is more structured and a little slower than when a will names an executor, but it is well-trodden ground. With the right team, an experienced estate lawyer, and a REALTOR® who understands estate sales, families navigate it every day in Victoria, Saanich, Oak Bay, Sidney, and across the Capital Regional District.

First, the legal term: intestacy

"Intestacy" simply means dying without a valid will, or without a will that covers everything the person owned. When that happens, WESA sets out a fixed order of who inherits. The person's wishes may have been known to the family, but the law only recognizes what is written and signed, and estate assets must be distributed according to the intestacy rules.

From a real estate perspective, the key consequence is this: the home becomes an asset of the estate, title stays in the deceased person's name, and only a personal representative with proper authority can manage it, including listing it for sale. No single family member has automatic authority just by being family.

Who inherits the home under BC's intestacy rules

Under WESA, a spouse means a married spouse or a common-law partner who lived with the deceased in a marriage-like relationship for at least two years. The basic rules work like this:

Spouse, no children: the spouse inherits the entire estate.
Spouse and children: the spouse keeps the household furnishings, receives a preferential share of the estate's value ($300,000 when all the children are also the spouse's children, $150,000 when some children are from another relationship), and then shares the remainder with the children.
No spouse, but children: the estate is divided among the children, with descendants stepping into the place of a child who has passed away.
No spouse or qualifying relatives: the estate eventually escheats to the provincial government. This is rare for a family home, where surviving relatives are almost always identified before that point.

These rules decide who benefits, but they do not hand anyone the keys. The person entitled to inherit and the person legally able to sell are two different roles until the court acts.

Letters of administration: the executor's equivalent

When there is a will, the will names an executor. When there is no will, someone must apply to the BC Supreme Court for a grant of letters of administration, administered through a court registry such as the Victoria registry in downtown Victoria. The court grants authority to an administrator, ranked in a priority order set out in WESA: the spouse first, then a child or other descendant of the deceased, then other relatives and beneficiaries of the estate. If no eligible person applies, the Public Guardian and Trustee can step in as official administrator.

Once the grant is granted, the administrator steps into the executor's shoes: they can deal with debts, file tax returns, maintain the property, list and sell the home, and distribute the proceeds according to the intestacy rules. Estate administration tax (often still called probate fees) applies to a grant of administration on the same scale as it does to probate with a will.

The practical path to selling the home

For a family in Greater Victoria, the sequence usually looks like this:

Confirm there is no will. Check the family home, safety deposit boxes, the lawyer or notary the person used, and any digital files. Sometimes a will exists but was never found, and the process changes completely.
Apply for the grant of letters of administration. This is the step to do with an estate lawyer. The application includes the estate inventory, which includes the home and its estimated value, and court background checks on the applicant.
Protect the property while you wait. Arrange insurance coverage on the vacant or occupied home, secure doors and windows, and keep utilities at safe levels. Read our guides to selling a vacant home for the details.
Get the home valued. Once the grant is in hand, an experienced REALTOR® can prepare a comparative market analysis and help you understand the estate market in your municipality.
List and sell as administrator. The administrator signs the listing and the contract of purchase and sale, with the authority of the grant. Buyers and their lawyers will verify that authority before closing.
Distribute the proceeds. After paying the mortgage, selling costs, debts, and estate administration tax, the administrator distributes what remains according to the intestacy rules, with the estate lawyer's guidance where the distribution is complicated.

Two circumstances that change everything

Joint tenancy. If the deceased owned the home in joint tenancy with a spouse or another person, title passes automatically by right of survivorship on death. That home is not part of the estate at all, no grant is needed for it, and the surviving joint owner may already have full authority over the property. This is one of the first questions to answer with the lawyer.

A surviving spouse who wants to stay. A spouse who inherits the home as part of the intestate distribution does not automatically have to leave immediately, and the estate does not get to force a sale without proper process. Spouses and estate lawyers work through these situations case by case, and in BC estate law the family home is treated with particular care. This is exactly the kind of decision to settle with legal advice before anyone lists the property.

How long does selling take when there is no will?

The grant of administration commonly takes several weeks to a few months, depending on the court's schedule and whether the application is straightforward. The sale itself then follows the normal Victoria market timeline. Compared with an estate that has a will and a named executor, count on additional lead time before the home can legally be listed, which is one more reason to start early on the application, maintenance, and valuation of the property.

For a fuller picture of the estate sale timeline in BC, see our guide to probate and the family home, and if there is a will, our practical guide to executor duties in BC walks through the executor's side of the same journey.

When family members disagree

Intestacy rules remove a lot of ambiguity because the law dictates the shares, but they do not remove emotion. Family members may disagree about who should administer the estate, whether to sell now or hold, or how to value the home. Most estates resolve these discussions around a kitchen table and a lawyer's office: mediation before court, an agreed approach to listing, and clear communication about the shares each person stands to receive. Our article on how adult siblings work together in housing transitions offers communication habits that apply here too.

Frequently asked questions

Can a son or daughter just sell their parent's home if there was no will?

No. Only a court-appointed administrator can legally list and sign for the home when an estate has no executor. A family member who signs a listing or a contract without the grant of administration creates real legal problems later, so the grant comes first, every time.

Does the surviving spouse automatically get the house?

Not automatically by title, unless the couple owned the home in joint tenancy, in which case title passes by survivorship and the home never enters the estate. Under intestacy rules with sole ownership, the spouse is first in line to inherit and to administer the estate, but the transfer still happens through the formal estate process with a lawyer.

Do we still pay probate fees when there is no will?

Yes. BC's estate administration tax applies to a grant of administration on the same basis as probate for an estate with a will. The tax is calculated on the value of the estate's assets, which for most families means the value of the home.

Can the home be listed while we wait for the letters of administration?

Generally no. Listing authority comes from the grant. What you can do while waiting is protect and prepare the property: insurance, security, cleaning, decluttering, and gathering documents. Those steps save real time once the grant arrives.

Who can apply to be the administrator in Victoria?

WESA sets a priority order: the spouse first, then a child or other descendant, then other relatives and beneficiaries. A family member with priority can nominate someone else if they prefer. If no one applies, the Public Guardian and Trustee can act. An experienced estate lawyer will guide who should apply and how.

You don't have to sort this out alone.

Selling a loved one's home without a will is a heavy responsibility, and the legal process is easier with people who do it regularly. I've helped many Greater Victoria families move from the grant of administration to a successful sale. Reach out any time, and I'll help you plan the sequence.

Reach Out Anytime

This article is general information, not legal or tax advice. Intestacy rules, the preferential share amounts, and court procedures can change, and every family situation is different. Confirm the current law and your family's specific circumstances with a British Columbia estate lawyer.