What Happens to Real Estate in an Estate? Selling Property After a Loved One Passes in Ontario

Losing a loved one is never easy-and navigating what happens to their home can feel overwhelming. If you’ve been named executor or are helping manage a loved one’s estate, you might be asking: “What happens to their house?”
“Can we sell it?”
“Do we need probate first?” In Ontario, selling estate property involves a few legal steps-but with the right guidance, the process can be made simpler. Here’s what you need to know.

Does the Estate Include Real Estate?

Yes. When someone passes away owning a home, condo, or land in Ontario, that property becomes part of their estate-unless it was jointly owned (more on that below). As part of the estate, the property must be dealt with by the executor, according to the will and Ontario law.

Who Can Sell Estate Property?

The person named as the executor (or “Estate Trustee”) in the will is typically responsible for selling any real estate the deceased owned.

If there’s no will, someone-usually a spouse or adult child-can apply to be appointed as Estate Trustee Without a Will.

Either way, you’ll likely need probate before listing the home for sale.

Is Probate Always Required?

Not always-but in most cases, yes. You’ll need to apply to the Ontario Superior Court for a Certificate of Appointment of Estate Trustee (commonly referred to as probate) if:

The property is solely in the deceased’s name
It wasn’t jointly owned
The land registry or real estate lawyer requires it

If the property was jointly owned with right of survivorship, it automatically transfers to the surviving owner and skips probate.

Can You Sell a Property Without Probate?

It depends. Some buyers and lawyers may accept a sale without probate if:

The will clearly names the executor
All beneficiaries agree in writing
There’s no dispute or debt attached to the home

That said, most brokerages and lawyers will still require proof of legal authority-aka the probate certificate.

How to Sell Estate Property in Ontario (Step-by-Step)

Here’s how the estate real estate process typically works:

1. Confirm the Executor

Check the will to verify who has legal authority. If there’s no will, apply to become the Estate Trustee.

2. Secure the Property

Ensure insurance is valid, change locks, and secure valuables. Keep the home safe and in good condition.

3. Apply for Probate

This legal process confirms your authority to manage and sell estate assets, including the property.

4. Get a Market Evaluation

You may need a professional valuation for probate, tax reporting, and to make fair decisions among heirs.

5. Prepare the Home for Sale

Declutter, clean, and stage. Even small upgrades can help attract buyers and increase sale value.

6. List the Property With an Estate-Savvy REALTOR®

Choose a real estate agent (like me!) who understands the probate sale process in Ontario and can guide you through pricing, paperwork, and communication with heirs.

7. Close the Sale and Distribute Proceeds

Once sold, funds are deposited into the estate account and distributed according to the will.

Final Thoughts

Selling estate property in Ontario can feel like a lot to manage-but you don’t have to do it alone. Whether you’re just starting probate or ready to sell, working with a knowledgeable REALTOR® can save time, reduce stress, and protect your legal interests.

🗝️ Ready to Sell an Estate Property?

I specialize in helping executors and families sell estate homes across the GTA, Durham Region, and Scarborough. From probate guidance to professional staging and negotiation, I’ll help you handle every step with care and confidence. 📞 [Your Phone]
📞 Call Direct | 647-272-8030
📧 Email | lorraine.galura@c21.ca

🧠 Key Takeaways

Estate property in Ontario usually requires probate before it can be sold.
The executor or Estate Trustee is responsible for managing the sale.
Selling a home during probate requires clear communication and legal documentation.
An experienced real estate agent can help streamline the process and avoid costly delays.