When someone passes away and leaves behind a home, the first question that often comes up is: “Can we sell it?” The answer usually depends on something called probate, a word most people only learn when they’re suddenly faced with it.
In simple terms, probate is the legal process that confirms a will is valid and gives the executor (the person in charge of the estate) the official authority to sell or transfer property. Until that happens, no one can legally sign off on the sale or transfer ownership of the home.
Probate is typically only required when real estate is solely owned by the deceased, when there’s no beneficiary designation, or when there is no will in place.
On the other hand, probate is often not needed if assets are jointly owned with a right of survivorship or if the estate passes directly to named beneficiaries under a clear will.
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Why Probate Matters
Understanding probate helps set expectations. The courts review the will, confirm the executor, and issue what’s called a Certificate of Appointment of Estate Trustee. That certificate is what gives the executor the legal authority to act on behalf of the estate, including selling the home.
It’s an important safeguard, but it also means things can move slower than most people expect.
Selling your home or selling on behalf of someone else? Here are a few more posts you might find helpful:
- When Do You Need a Power of Attorney to Sell a Home
- Should I Price My Home Under Market Value?
- What’s Negotiable When Selling Your Home?
How Long Does Probate Take?
In Ontario, probate can take anywhere from a couple of months to over a year, depending on the complexity of the estate and court processing times. I had one client last year whose parent’s estate was straightforward. A single property, a clear will, and one executor. Even then, it took almost two months for probate to come through because of court delays.
Another family we worked with wasn’t so lucky. Their situation involved multiple beneficiaries and some disputes over the will. That process stretched to almost a year and a half before everything was finalized.
Are you starting your estate-planning journey? Wondering how to get started? Read our blog to find out if its better to sell your home now or leave it in your will.
How Much Does Probate Cost?
Ontario charges a probate tax on estates. The first $50,000 of the estate is untaxed, and then the rate is 1.5% of the estate’s value over $50,000.
Can You Sell a Home During Probate?
Technically, yes but there’s a catch. You can prepare the home for sale, take photos, and even list it while waiting for probate. The sale itself, however, can’t close until probate is granted. Most buyers and their lawyers will want to see that the executor has legal authority before moving forward. Without it, ownership can’t be transferred, and no funds can change hands.
That’s why I usually advise clients to wait until probate is settled before listing. It helps ease any buyer concerns and avoids deals falling through because of delays!
Selling your parents’ home can be a big undertaking, no matter what. Read our post: How to Sell Your Parents’ Home for useful tips and guidance to get you started.
Do you have more home-selling questions? Read these posts next for some more insights!
- Should I Renovate My Home Before Selling?
- Why Hiring Your Friend to Sell Your Home Might Be a Bad Idea
- How Much Work is it to Sell a Home in Toronto?
Making the Most of the Waiting Period
While probate is pending, there’s still plenty you can do. Get the property ready for the market, gather all the necessary documents, and connect with professionals – your lawyer, accountant, and realtor, who understand how estate sales work. Once probate is granted, you’ll be ready to move quickly with fewer surprises along the way.
Probate can feel like a hurdle in an already emotional process, but with patience and the right guidance, it doesn’t have to be overwhelming.
Here at TRG, we’re always happy to discuss your questions and help you find a successful way forward. Get in touch today by filling out the form on this page, calling us at 416.642.2660, or emailing us at admin@torontorealtygroup.com.
Ready to Get Started?
It all starts with a conversation. Whether buying or selling, TRG can help you achieve your real estate goals. Get in touch with our team today to start the process.
