Working with Executors

The executor is legally bound to honor the deceased’s wishes and must act in the best interests of the beneficiaries. They are also accountable to the beneficiaries and must maintain detailed records of transactions, providing a final accounting statement once the estate has been administered.

Regarding real estate, under the Land Titles Act, the land of the deceased automatically vests with the executor. However, the executor must be registered as the owner on the Certificate of Title before they can deal with the property. Real estate professionals must conduct a title search to verify that the executor is properly registered to ensure legal authority for any transactions involving the land.

In Alberta, once an executor is registered on the Certificate of Title, they have full authority to manage and deal with the property as necessary.

⚖️ What Is an Executor?

An executor is the person designated in a Will to manage and distribute a deceased individual’s estate.
They may also be referred to as:

• Personal Representative
  
  

• Administrator (if no Will exists)
  
  

• Executrix (female term, now outdated)
  
  

If more than one executor is named, all must agree on decisions unless the Will states otherwise.

✅ Executor Responsibilities

• Administer the estate – manage all assets not held in joint tenancy
  
  

• Pay debts and taxes
  
  

• Sell or transfer real estate as directed by the Will
  
  

• Maintain records – provide a final accounting to beneficiaries
  
  

🧾 What If There Is No Will?

If no valid Will exists, the court appoints an Administrator through a Grant of Administration.

At our brokerage:

• ❌ You cannot list or market a property unless a Grant of Probate or Grant of Administration has been issued
  
  

• ✅ The legal representative must be registered on title before listing or selling
  
  

🔗 Buyer/Seller Disclosure and Risk Clauses – click here 

🏷 Brokerage Policy – Listing Restrictions

You may only list an estate property after:

• A Grant of Probate or Administration has been issued
  
  

• The executor or administrator is registered on title
  
  

👣 Step-by-Step: Listing an Estate Property

1. Ask the Right Question

“Are you the legal owner of the property, or acting on behalf of an estate?”

2. Collect Required Documents

• The Will (if applicable)
  
  

• Grant of Probate or Administration
  
  

3. Pull Title & Confirm Authority

• Executor/Administrator is registered on title
  
  

• No caveats or restrictions on ownership
  
  

4. Confirm Ownership Type

• Joint Tenancy – passes to surviving joint owner (estate cannot sell)
  
  

• Tenants in Common – the estate can manage and sell the deceased’s share
  
  

5. Do Not List Unless:

• Grant is issued
  
  

• Representative is on title
  
  

• Ownership structure is understood
  
  

6. Use the Correct Seller Name

• “Jane Doe, as Executor of the Estate of John Doe”
  
  

• “Jane Doe, Administrator of the Estate of John Doe”
  
  

7. Never Use This Clause

“Subject to the estate obtaining a Grant of Probate (or Administration) on or before [date]…”
❌ Not permitted under brokerage policy

⚠️ Buyer Offers Before Grant Is Issued

⚠️ Offers Before Grant – Sample Tenancy at Will Clause & Schedule A (Use with Caution)

If a buyer wishes to take possession before a Grant of Probate or Administration is issued, you must proceed with extreme caution.

🚫 Do not use “subject to probate” clauses in the main contract.

⚠️ A Schedule A tenancy-at-will arrangement should only be used with legal guidance.

⚠️ Notify the Broker prior to writing an offer for further discussion. Remember, our company policy forbids representing sellers or buyers when there is no legal direction. 

🔒 Brokerage Risk Warning

"Having no possession date on a contract can lead to legal issues, even after move-in.
Only use Tenancy at Will arrangements if the clients lawyer advises it is safe to do so."

📝 Example Wording (Legal Review Required)

Tenancy at Will (to be attached as Schedule A):

If a Grant / Order of Probate has not been obtained by the Completion Day, the Buyer will take possession on a tenancy basis, with rent paid to the Seller as determined by the amount of monthly interest the Buyer would pay on their mortgage or at the agreed rate of $____ per month. Transfer of property title to the Buyer will not occur until the Grant / Order of Probate is received by the Seller.

🔍 What to Check — and Why

✔️ Grant of Probate or Grant of Administration received
Confirms that the person you're dealing with has legal authority to represent the estate. No listing or contract should proceed without this.

✔️ Executor or Administrator is registered on title
The representative must be listed on the Certificate of Title before they can legally list, sell, or transfer the property.

✔️ Will reviewed
If applicable, reviewing the Will confirms the person is officially named as executor and has authority to act. Keep a copy (or the relevant page) in the file.

✔️ Ownership type confirmed
Was the property owned as Joint Tenancy or Tenants in Common?

• Joint Tenancy = property passes to surviving owner; estate has no authority.
  
  

• Tenants in Common = the estate manages and may sell the deceased’s share.
  
  

✔️ No “subject to probate” clauses
Our brokerage policy does not allow conditional clauses like

“Subject to the estate obtaining a Grant of Probate…”
Such clauses make the contract unenforceable and put everyone at risk.

✔️ Probate delays discussed with clients
Always advise sellers and buyers that grants can take weeks or months. Setting realistic expectations prevents fallout and stress during the transaction.

🧾 FINTRAC Compliance – Executors & Administrators

• The executor or administrator is your client, not the deceased
  
  

• Complete ID verification and FINTRAC forms on the legal representative
  
  

• Retain a copy of the Grant of Probate/Administration in the brokerage file
  
  

• If another person is involved in handling funds or decisions, complete a third-party determination
  
  

✅ Final Tip

“Just because someone says they’re the executor doesn’t mean they can sell. Always verify legal authority and title before proceeding.”

🧠 Podcast Tip for Agents

Check out the AREA podcast on Power of Attorney and Probate —
At 15:40, they explain how to write the name of the seller in an estate sale:
▶️ Listen Here