Can You Skip Probate? Here’s When You Might Not Need It to Sell a Home in Ontario

If you’re handling the sale of a loved one’s home, you’ve likely heard the word “probate” come up again and again. But did you know there are some situations where you can sell the property without going through probate at all?

One of those rare cases involves something called the First Dealings Exemption—a term that sounds complicated but could actually save you months of time and legal fees.

Let’s break it down in simple terms.

What Is Probate, and Why Is It Usually Required?

Probate is the court process that confirms someone’s will is valid and gives the executor legal permission to manage and distribute the estate—including selling any real estate.

In most cases, you can’t transfer or sell a property without a probate certificate, especially if the home was only in the deceased’s name.

When Is Probate Not Required?

Ontario has an exception called the First Dealings Exemption, and it applies when:

• The property is in the Land Titles system (not the older Registry system)

• It was brought into Land Titles via conversion (often through municipal programs)

• No ownership changes (aka “dealings”) have happened since the conversion

• The home is being passed on according to a valid will

If all those boxes are checked, you may be able to sell or transfer the property without probate.

What Does “First Dealings” Actually Mean?

Think of it like this:

When Ontario updated land records from the old Registry system to the newer Land Titles system, it gave owners a bit of a “grace period.” For the first transaction (or “dealing”) after the conversion, the province allows the transfer of property without needing probate, as long as everything else is in order.

But the moment someone refinances, adds another name to title, or sells—the “first dealing” has happened, and this exemption no longer applies.

How Do You Know if a Property Qualifies?

This is where a skilled real estate lawyer and real estate agent familiar with estate sales come in. You’ll need:

• A Parcel Register to check the land title history

• Confirmation that the property hasn’t had any prior transfers under the Land Titles system

• A clearly written will naming an executor

Why It Matters for Estate Sales

If the First Dealings Exemption applies, you may be able to:
✅ Avoid probate court delays (which can take 3–6 months)
✅ Sell the home faster
✅ Reduce legal fees
✅ Access sale proceeds sooner for the estate

That said, it’s not automatic. You’ll still need to work closely with your lawyer and have the right documentation.

Final Thoughts

Selling a home after someone passes away comes with enough emotional and legal stress. If there’s a way to simplify the process—and skip probate legally—it’s worth exploring.

As a real estate professional who works with executors and estate sales throughout the GTA, I’ll help you connect with the right legal experts and make the sale as smooth as possible—whether you need probate or not.

🗝️ Thinking of Selling an Inherited Property?

Let’s talk. I’ll guide you through the process and connect you with professionals who can determine if you qualify for the First Dealings Exemption.

📞 Call Direct | 647-272-8030
📧 Email | lorraine.galura@c21.ca

🧠 Quick Recap: When Probate May Not Be Needed

• The property was converted to Land Titles and never sold or refinanced after

• There is a valid will naming the executor

• You have legal advice confirming eligibility

• The home is the first transaction since the title conversion

Still not sure? I can help you figure it out.

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.