Where should an estate property file start?
Start by recording who contacted you, their claimed role, the property location and occupancy, the professionals involved and any urgent property-care concerns. Then ask the lawyer or notary to confirm authority and the steps permitted for this property. A family relationship, a set of keys or a copy of a will does not answer every signing question.
This checklist organizes the agent’s work. It is not a national probate process or a substitute for required brokerage procedures. The Canadian Estate & Probate Sale Kit provides editable intake, tracking and handoff tools for this workflow.
1. Agree on a manageable first conversation
Ask what the family most needs to understand today. Explain which questions you can answer about the property and market, and which need the estate’s professionals. Avoid promising a listing date before the relevant authority and timing have been checked.
Record the proposed main contact and their preferred communication method. Ask the lawyer or notary who may give instructions, who needs to receive updates and what information may be shared. Do not infer that every beneficiary can direct the sale. Store sensitive records in the brokerage’s approved system rather than in public links or an unapproved personal account.
2. Gather records without treating intake as approval
Make a list of available records and missing items: will and codicils, death documentation, professional contacts, property tax information, mortgage statements, insurance and relevant condominium or strata documents. Ask the receiving professional which originals, certified copies or other evidence they require.
Keep three distinct fields: requested, received and reviewed by the appropriate professional. “Received” is not “authority confirmed.” Record where the record is held and who reviewed it; avoid making unnecessary duplicate copies of identity or estate documents.
3. Separate urgent property care from sale decisions
| Area | Question | Record |
|---|---|---|
| Occupancy and access | Who is living there, and who may arrange access? | Contact, approval and access instructions |
| Insurance | Has the insurer been told about the death and current occupancy? | Insurer’s response and follow-up owner |
| Utilities and condition | Who is checking heat, water, security and maintenance? | Agreed task and check-in date |
| Payments | Which tax, mortgage or condo/strata matters need attention? | Professional referral and outstanding question |
| Contents | Who can authorize sorting, removal or disposal? | Instruction source before arrangements |
These are questions to resolve, not instructions for an agent to take control of estate assets. Insurance requirements depend on the actual policy; ask the insurer directly instead of relying on a general vacancy rule.
4. Get authority and timing into a written handoff
Ask the estate lawyer or notary to identify the representative, how they must sign, any additional signers, the evidence required and restrictions on each proposed stage. Distinguish preparation, listing, accepting an offer and transferring title. Our authority and probate timing guide explains why one generic “probate pending” label is insufficient.
Jurisdictions differ. Ontario’s probate guidance and BCFSA’s estate-property guidance are local starting points. Québec has a distinct succession framework; notarial wills do not require probate, while other forms require verification. Do not apply one province’s sequence to every file.
5. Track confirmed work and unresolved questions separately
Give each property task an owner, target date, status and next action. Keep the source of a date visible: family preference, professional advice, brokerage task or actual contractual deadline. Use “waiting on third party” when that is the fact, rather than advancing a milestone because the calendar moved.
The kit’s tracker has 12 editable milestone prompts. Dates are manual; progress is a count of milestones marked Complete. An overdue colour is an internal follow-up cue, not a legal determination. Adapt the labels and sequence to professional advice, and keep estate-fund distribution outside the agent’s decision-making.
6. Review readiness before discussing price and dates
Once the professionals have confirmed what may proceed, prepare a market discussion with a dated valuation context, property condition notes and any limits on preparation or access. Distinguish a current pricing discussion from a valuation needed for tax purposes at a different date. Send those valuation requirements to the accountant and lawyer before assuming one document serves both purposes.
End each update with completed work, unresolved matters, the next owner and the next review date. Keep the family’s questions visible without promising a probate timeline or tax result. Use the inherited-home tax questions guide to prepare a focused accountant conversation.