Hello, My question is do you have access to all the in …

This is the answer to your original question yesterday:

"I am following up on our exchange from yesterday and am now providing your answer.

The law in Canada is likely very similar to the law in the U.K. on this issue. In order to sell or transfer the real property of a deceased person, a grant of probate (where there is an executor appointed in a will) or letters of administration (generally where there is no will and an administrator is appointed after a court application) need to be in place.

That is the case where the property is owned solely by the deceased or is owned jointly with someone else as a 'tenant in common'. It is only under the authority of such a grant of the court that the property can be transferred or sold.

With that said, if the property was registered in 'joint tenancy' with another person or persons, upon the death of one of the joint tenants, their interest passes to the other(s) by right of survivorship. There would be no grant of probate required under those circumstances."

I would add that it is not necessary to have a lawyer involved in administering an estate in Canada but most executors or administrators require that assistance in order to deal with matters.

With regard to where you go from here, the lawyers on this site are here to answer legal questions. We do not represent customers outside of the site. As I recall, your brother lived in Calgary. The grant of probate would have had to be made in the province of Alberta because of that. I would suggest that you contact the Lawyer Referral Service in Alberta for the names of estate lawyers who you could call to discuss this matter with. Their telephone contact information is as follows:

Telephone 1.403.228.1722 (Calgary)

I trust that answers your question. If you wish further clarification I would be pleased to provide it.