The person authorized to sell a property that is part of an estate depends, in particular, on the existence of a liquidator, the powers granted to that person by the will, and the provisions of the Civil Code of Québec.
When a liquidator is in office and has the necessary powers, he or she may generally sell the real property as part of the estate’s liquidation, without all the heirs having to sign the deed of sale.
In the absence of a liquidator, or if no liquidator has been appointed or agrees to serve in that capacity, the heirs may appoint a liquidator. If they cannot reach an agreement, the court may, at the request of an interested party, appoint a liquidator.
As long as no person is legally authorized to administer and liquidate the estate, the sale of the real property generally cannot be carried out.