Buying or selling a home always comes with some complexity. When a property is part of an estate and must go through probate, there are extra steps that buyers and sellers need to understand. In Ontario, probate has specific rules and timelines that can affect a real estate transaction.
Here is a guide to what probate is, how it works in Ontario, and what to expect if you are involved in buying or selling a probate property.
This article is not intended as legal advice, and you should seek the help of a lawyer for anything to do with probate and estates.
What Is Probate?
Probate is the legal process of confirming that a deceased person’s will is valid and officially appointing someone to manage the estate.
In Ontario, the person handling the estate is called the Estate Trustee. This person is either named in the will or appointed by the court if there is no will.
If the deceased owned real estate in their name alone (not jointly with another person), the property usually needs to go through probate before it can be sold or transferred.
The Ontario Superior Court of Justice issues a document called a Certificate of Appointment of Estate Trustee, which gives the Estate Trustee the legal authority to deal with the property.
Important: Not all properties require probate. If the title was held jointly with a right of survivorship, the surviving owner automatically becomes the full owner.
How Probate Affects Sellers
If you are handling the sale of a home through an estate in Ontario, keep the following points in mind:
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You Need Legal Authority to Sell: You cannot list or sell the property until the court issues the Certificate of Appointment. In some cases, this can take several months.
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Estate Sales Can Be Delayed: Probate processing times vary depending on the complexity of the estate and the court’s workload.
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Disclosures Are Still Required: Sellers are still expected to disclose known issues with the property, even though the Estate Trustee may not have lived in the home.
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Property May Be Sold “As Is”: In many probate sales, the estate does not make repairs, and the home is sold in its current condition.
For example, if you are selling your parent’s home after their passing, you may need to wait several weeks for the probate certificate before you can finalize a sale, even if you already have a buyer lined up.
It is strongly recommended to work with a real estate agent and a lawyer who are experienced in probate sales in Ontario.
How Probate Affects Buyers
If you are buying a home that is part of an estate in Ontario, here is what you should know:
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Expect Longer Timelines: Probate can take months. Buyers should build extra time into their plans and be prepared for delays.
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Court Approval Is Not Always Needed: In Ontario, once the Estate Trustee has the Certificate of Appointment, they can usually sell without needing further court involvement. However, they must follow the will’s instructions and act in the best interest of the beneficiaries.
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The Property Is Often Sold “As Is”: Buyers should budget for potential repairs and inspections.
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Conditions May Be Different: Offers on probate properties may include special clauses allowing for extra time, or making the offer conditional on the completion of probate if the certificate is not yet available.
If you fall in love with a home that is tied up in probate, it is important to be flexible and patient.
Probate Fees (Estate Administration Tax)
In Ontario, there are fees associated with probate, known as the Estate Administration Tax.
As of 2025:
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The first $50,000 of estate value is exempt from tax.
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The tax is approximately 1.5% of the value of the estate over $50,000.
The value of the real estate is based on its appraised fair market value at the date of death, not necessarily the price it sells for later.
Estate Trustees should get a professional property appraisal to properly report the home’s value to the court. If you need a hand with this, reach out to our team.
Tips for a Smoother Probate Sale
Whether you are buying or selling, these steps can help make a probate transaction smoother:
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Work with Experienced Professionals: Choose a real estate agent and lawyer familiar with Ontario probate procedures.
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Get an Appraisal Early: Knowing the property value helps with both probate court filings and setting a fair asking price.
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Be Transparent: Buyers and sellers should be clear about timelines and expectations from the start.
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Prepare for an “As Is” Sale: Buyers should plan for inspections, and sellers should price the home appropriately.
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Allow Extra Time: Court processing and estate issues can add weeks or months to the timeline.
Final Thoughts
The probate process in Ontario adds extra steps when buying or selling a home, but with careful planning and the right support, it can be managed successfully.
If you are thinking about buying or selling a property that may require probate, speak to an experienced real estate professional and legal advisor to guide you through the process.
