Being named executor is an honour, and it can also feel like a second job arriving at the hardest possible time. One of the biggest tasks is often the family home. I have helped a number of Island families through this, and while every estate is different, the path usually follows a similar shape. This post walks through it in general terms. It is not legal advice, and your estate lawyer is your best partner for the legal side.
Step one: confirm your authority
On Prince Edward Island, probate is handled through the Estates Section of the Supreme Court. When there is a will, the executor applies for what are called Letters Probate, which confirm the executor's authority to administer the estate. The court's forms for this include a petition, an executor's oath and an inventory of the estate.
PEI's Probate Act also sets an expectation that an executor will have the will proved and filed within 30 days of learning of the appointment. That is one reason to call a lawyer early, even if you are not ready to think about the house yet.
Until your authority is confirmed, I generally suggest holding off on signing a listing agreement. We can still talk, look at the property and plan, so you are ready when the paperwork is in place.
Step two: understand who needs to agree
The Probate Act has specific rules about when an executor can sell real property and when beneficiaries need to consent, including extra steps when a beneficiary is a minor. These details depend on the will and on the family. Your lawyer will tell you whose signatures are needed. Sorting this out at the start avoids a stalled sale later.
Step three: secure and care for the house
An empty home needs attention, especially through a PEI winter. A few practical points:
- Call the insurer. Let the home insurance company know the owner has passed and the house may be vacant. Vacancy can change what a policy covers, so ask exactly what they require, such as regular checks.
- Keep the heat on or have the plumbing properly winterized by a professional. Frozen pipes are one of the most common and expensive problems in a vacant house.
- Arrange regular visits. A family member or neighbour checking in weekly can catch a problem early.
- Forward the mail and keep utilities in place until the sale closes.
Step four: sort the contents, at a kind pace
This is usually the most emotional part. Families often find it helps to set a few simple rules: first, set aside anything named in the will; then let family choose keepsakes; then decide what to sell, donate or discard. You do not need an empty house to list, but a home that is clean and reasonably clear shows better and photographs better.
If family members live away, plan a weekend when people can be on the Island together. It is often easier to make decisions in the house than over the phone.
Step five: find out what the home is worth
Executors have a duty to act in the best interests of the estate, so a well-supported price matters. A comparative market analysis based on recent local sales is a good place to start. You can request one through my home evaluation page, and I am happy to walk through the property with you in person.
Many estate homes have been lived in for decades. They may have older systems, original kitchens or deferred maintenance. That is normal. We will talk honestly about whether a few simple fixes make sense or whether pricing it as-is is the better route for the estate.
Step six: plan for disclosure and costs
An executor may not know the full history of a house the way the late owner did. Be honest about what you know and what you don't. Gather what paperwork you can find: old receipts, oil tank details, well and septic records, renovation permits.
Selling also comes with costs that are easy to overlook. My post on costs most PEI sellers forget is a helpful checklist to share with your lawyer and the beneficiaries.
Step seven: list, sell and close
From here, the process looks much like any other sale, with the executor signing on behalf of the estate. The proceeds go to the estate, and your lawyer handles the distribution under the will. For an overview of how I approach marketing and negotiation, see my page on how I help you sell your home in PEI.
A note for out-of-province executors
Many executors I work with live off-Island. Much of the process can be handled by phone, email and electronic signature, with a local lawyer and REALTOR® coordinating on the ground. It helps to have one trusted person nearby who can let in an inspector or check the furnace.
You don't have to do this alone
If you are handling a loved one's home in Summerside, Kensington or anywhere in Prince County, I would be honoured to help. Contact Jodi Bernard, CENTURY 21 Northumberland Realty, for a quiet, no-pressure conversation about next steps.
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