Selling an Estate Home in Quebec: Who Signs the Listing, the Offer and the Deed

An inherited house does not sell like any other. The owner on the land register has died, and the person holding the pen, the liquidator (what other provinces call the executor), does not automatically have the power to sign everything. Our article on buying a property from an estate in Quebec looks at the deal from the buyer's side. This one takes the estate's side: who signs what, at each step, and on what legal basis.

The seller is the estate, and the liquidator runs it

Once someone dies, the house no longer belongs to them, but it has not yet been handed over to the heirs for good. In between comes the settlement of the estate. Article 776 of the Civil Code of Québec describes it as identifying the heirs, determining what the estate contains, collecting what is owed to it, paying its debts and specific legacies, rendering account and delivering the property.

During that period, the liquidator exercises the heirs' rights over estate property (article 777). The appointment is published in the register of personal and movable real rights and, where applicable, in the land register. If the will names no one, article 785 makes the heirs themselves liquidators, and they may appoint one by majority.

Everything else flows from this: the liquidator manages someone else's property. They do not own the house, and their powers have limits that the buyer's notary will check one by one.

Simple administration: selling real estate needs approval

Article 802 is the key provision. The liquidator acts with respect to estate property as an administrator of the property of others charged with simple administration, the narrowest set of powers in Quebec law.

Article 804 spells out what that means for a sale. The liquidator sells estate property to the extent needed to pay debts and specific legacies. They may sell alone movable property that is perishable, quickly losing value or expensive to keep. For any other property, they need the heirs' consent or, failing that, the court's authorization.

A house is not movable property. Unless the will says more, a liquidator who wants to sell it needs the heirs' consent, or a court order if that consent is missing. The general rule on simple administration points the same way: under article 1305, the administrator sells with the beneficiary's or the court's authorization when needed to pay debts, maintain the property's use or preserve its value.

When the will widens the liquidator's powers

A testator does not have to leave the liquidator in that narrow box. Article 778 allows the testator to modify the liquidator's powers and obligations and to provide for the settlement in any other way. Many notarial wills do exactly that.

When the will grants full administration, article 1307 lets the administrator alienate property for value to carry out their obligations. The house can then be sold without each heir's formal consent, which makes life much easier when heirs are numerous, live far away or disagree.

The reverse limit also exists: a clause that restricts the liquidator's powers so much that it prevents an act necessary to settle the estate is deemed unwritten (article 778). Either way, the exact wording is what counts. Have the estate's notary confirm it before committing to anyone.

Step by step: who signs what

The three documents in a sale do not bind the estate in the same way, but one principle connects them: a liquidator should not commit to selling what they do not yet have the power to sell.

• The brokerage contract (listing agreement). The liquidator signs on the estate's behalf. If their power depends on the heirs' consent, it is wise to get that consent in writing before listing, rather than discover an objection once the sign is on the lawn.
• The promise to purchase. Accepting it commits the estate to sell. A liquidator under simple administration should have the heirs' consent in hand when accepting, or work out with their broker an acceptance that accounts for the authorization still to come.
• The deed of sale. The liquidator signs before the notary, who will check their powers and require proof of any consent or court order they rely on.

When several liquidators were named, article 787 requires them to act together unless the will or, failing that, the heirs exempt them. One missing signature can stall an acceptance or a closing.

The paperwork the buyer and the notary will want

A well-advised buyer will ask for these as early as the offer. Having them ready before listing keeps an accepted deal from stalling:

• proof of death: Éducaloi notes that the will search requires a copy of the act of death or a death certificate from the Directeur de l'état civil, and that the funeral home's attestation is not enough;
• the will search certificate, covering the registers of the Chambre des notaires and the Barreau du Québec;
• the will itself: a notarial will does not need to be verified, while a holograph will or a will made before witnesses must be (articles 772 and 803);
• proof of the liquidator's appointment;
• where applicable, the heirs' written consent or the court's authorization.

Then there is the chain of title. Under article 2998, an heir's rights in an estate immovable are published by registering a declaration made by notarial deed. This declaration of transmission, prepared by a notary, is what lets the buyer receive the house from a seller the land register actually recognizes.

What the liquidator can prepare before listing

Most delays in an estate sale come from the file, not the market. Before signing a listing agreement, the liquidator should check three things with the estate's notary: what the will says about their powers, whether the heirs' consent is required and secured, and where the will verification and declaration of transmission stand.

It also helps to share with the heirs an estimate of the house's value based on comparable sales. Consent comes more easily when everyone understands the target price. If the heirs disagree, our article on heirs in undivided co-ownership lays out the exits.

This article is general information. Every estate is different: the notary handling the settlement is the person to ask about the liquidator's powers, and a broker can help you plan the marketing around that timeline.