Selling a House as an Executor in Ontario: What You Need to Know

If you’ve been named the executor of a will in Ontario, you may be wondering: Can I sell the house? The short answer is yes-but there are legal steps you must take before listing the property. This guide walks you through everything you need to know about selling a home as an executor in Ontario, including probate, legal responsibilities, and how to avoid costly delays.

What Is an Executor?

An executor is the person legally appointed to carry out the instructions in a will. You’ll be responsible for managing the estate’s assets, which may include real estate, bank accounts, and personal belongings.

Can an Executor Sell a House in Ontario?

Yes, an executor can sell a house, but typically only after receiving a Certificate of Appointment of Estate Trustee (commonly referred to as probate). This certificate confirms your legal authority to manage the estate.

When Is Probate Required to Sell a House?

In most cases, probate is required in Ontario before a home can be legally transferred or sold. However, there are exceptions:

• If the home was jointly owned with right of survivorship, it may pass directly to the surviving owner.
• If the will clearly names the executor and there are no disputes, the process may move faster.

If you’re unsure whether probate is needed, it’s best to speak with a real estate agent experienced in estate sales-like myself-and/or an estate lawyer.

Steps to Selling a House as an Executor

1. Get a Copy of the Will
   Confirm you’re named as executor and whether there are instructions about the property.
2. Apply for Probate
   This is typically done through the Ontario Superior Court of Justice.
3. Secure the Property
   Change locks if needed, ensure insurance is in place, and protect valuables.
4. Hire a Probate-Savvy Real Estate Agent
   You’ll want someone familiar with executor sales, probate timelines, and legal forms.
5. Determine Property Value
   A professional market evaluation can help satisfy legal and tax requirements.
6. Prepare the Home for Sale
   Clean out belongings, complete minor repairs, and stage if possible.
7. List and Sell the Property
   Once you have the green light from the court and other beneficiaries (if applicable), list the home for sale.
8. Distribute Proceeds According to the Will
   After closing, proceeds are deposited into the estate account and distributed to beneficiaries.

Common Questions Executors Ask

Can I sell the home before probate is granted?

Usually not. Listing it before probate can lead to legal issues, unless the title was jointly held or a lawyer confirms it’s safe.

What happens if there are multiple beneficiaries?

You’ll need to ensure everyone is informed and agrees. A neutral, licensed REALTOR® can help manage expectations and communication.

Are there taxes on the sale?

Estate administration tax is based on the total value of the estate, including the home. Plus, if the home isn’t a principal residence, capital gains tax may apply.

Work With a REALTOR® Who Understands Estate Sales

Selling a home as an executor can feel overwhelming-but you don’t have to navigate it alone. I specialize in working with families in transition and understand the probate real estate process in Ontario. From preparing the home for sale to coordinating with lawyers and heirs, I help make this process as seamless as possible-so you can focus on what matters most.

👋 Let’s Connect

If you’re an executor and need help selling a home in the GTA or Durham Region, reach out for a free, confidential consultation.
📞 Call Direct | 647-272-8030
📧 Email | lorraine.galura@c21.ca

🔑 Key Takeaways

• You can sell a house as an executor in Ontario, but you’ll likely need probate first.
• Get legal advice and work with a real estate agent familiar with estate and probate sales.
• Keep all beneficiaries informed and follow the instructions in the will.
• Prepare the home for sale with the same care you’d want for your own family.