We are a British Columbia law firm, so we advise only on B.C. law. We work with U.S. attorneys who have clients resident in the United States, so you receive coordinated legal advice that fits your U.S. residency and your B.C. legal issue. For questions only about U.S. law, we will point you to a lawyer in the right jurisdiction.
If the person who died lived in the U.S.
An estate can still need B.C. court approval when it holds B.C. property, even if the person who died, their executor or their beneficiaries live in the United States. Your B.C. property is usually dealt with in the B.C. estate, separately from any U.S. estate.
Gather the will, the death certificate and a list of all B.C. property, including bank accounts and vehicles.
Confirm whether the will names an executor who can act in B.C., or whether someone must apply for administration.
Ask for the B.C. probate fees and timeline before the process starts, so there are no surprises.
Plan how B.C. property will be sold, rented or transferred to beneficiaries, and what U.S. tax reporting may apply.
Selling or keeping a B.C. property from the U.S.
Owning a B.C. property from the United States is common, but selling it has extra steps. When a non-resident sells Canadian real estate, the buyer may have to withhold part of the sale price unless the seller has a clearance certificate from the Canada Revenue Agency. Getting that certificate in advance keeps your proceeds from being held back.
Keeping the property: decide who manages it, how rent or use is handled, and how the property will pass on through your will.
Selling the property: arrange the clearance certificate early and factor in B.C. property transfer tax and any U.S. reporting.
Co-owned property: check how title is held with your spouse or family, since that affects both sales and estates.
Tax treatment depends on your personal situation, so we recommend speaking with a cross-border tax advisor alongside us.
Do I need a B.C. will if I live in the U.S.?
A B.C. will is often the simplest way to deal with B.C. property. A U.S. will may not cover B.C. land, so it's worth having both reviewed together.
Can I handle a B.C. divorce from the U.S.?
Yes, in many cases. Consultations are by phone or secure video, so you can take part from wherever you live. Your location affects which court and rules apply, and we'll explain that at the start.
Will you work with my U.S. lawyer?
Yes. We advise only on B.C. law, and we work with U.S. attorneys who have clients resident in the United States. With your permission, we coordinate with your U.S. lawyer so your advice fits your U.S. residency and your B.C. matter.
Can a U.S. court divide property in B.C.?
U.S. family courts generally cannot transfer title to land located in British Columbia, so B.C. property is usually dealt with in a B.C. court. We explain how this affects your situation at the start of a consultation.
How do I enforce a U.S. custody order in British Columbia?
A U.S. parenting order usually has to be changed by the U.S. court that made it. Orders from outside B.C. can often be enforced here by registering them with a B.C. court, and international rules such as the Hague Convention may apply. The right route depends on the order and the facts, so we review both before advising.
Can I file for divorce in B.C. if my spouse lives in the U.S.?
It depends on where you and your spouse live and where the marriage and property are connected. Because courts in each country apply their own rules, we explain which option fits you before you file anything.
Vacation homes, condos and land in B.C. are governed by B.C. law, even when the owner lives in the United States. We explain how a B.C. will or grant applies to that property, and what your executor will need to do.
When someone who lived in the U.S. dies owning property in B.C., the estate often needs a B.C. grant of probate. Learn how that process works, what it costs, and how long it usually takes.
When a B.C. home, business or pension is part of a divorce involving a U.S. spouse, property is divided under the B.C. Family Law Act. We help you understand what counts as family property and what stays yours.
Parenting time, relocation and changing an order can all be affected when a child lives in B.C. and a parent lives in the U.S. We explain the B.C. rules and how they work with a U.S. parenting plan.
If you live in the U.S. but a B.C. support order or child has B.C. ties, support orders may need to be changed, enforced or registered. We explain which court applies and how the B.C. rules work with your U.S. situation.
B.C. Law for U.S. Residents | Property, Wills & Family Law
Own B.C. property or family matters in B.C. while living in the U.S.? Wills, probate, property division and custody help from B.C. lawyers. Call (778) 728-0208.
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