Probate vs. Certificate of Appointment: What’s the Difference in Ontario?

If you’re dealing with a loved one’s estate and trying to figure out how to sell their property, you’ve likely come across the terms probate and Certificate of Appointment.

They’re often used interchangeably, but there is a meaningful distinction—especially when it comes to listing or selling real estate in Ontario.

As a local REALTOR® helping GTA families navigate estate sales, I want to clear up the confusion so you can move forward with more clarity and confidence.

What Is Probate in Ontario?

Probate is the legal process that confirms the validity of a deceased person’s will and grants authority to the executor to carry out the terms of that will. In Ontario, this process is formally known as applying for a Certificate of Appointment of Estate Trustee.

So, while probate is the general term for this legal process, the Certificate of Appointment is the official document you receive once probate is granted.

Why Does the Certificate Matter When Selling a Home?

If the deceased person owned a home in their name alone (or as tenants-in-common), you typically can’t sell the property until you receive the Certificate of Appointment. This is because:

• Land registry offices in Ontario won’t allow title transfer without it
• Lawyers and buyers need to confirm that you, as executor, have legal authority to sell

This document becomes your legal proof that you can act on behalf of the estate.

What If the Property Was Held Jointly?

In some cases—such as spouses owning a home as joint tenants—the property may not need probate to transfer ownership. It may pass automatically to the surviving joint owner. But if that person also passes or chooses to sell later, probate might still become necessary.

That’s why it’s crucial to understand the full picture and get professional legal and real estate advice tailored to your situation.

How I Can Help as Your REALTOR®

Navigating probate and the Certificate of Appointment process can feel like a maze, but you don’t have to do it alone. I work with families, estate lawyers, and financial advisors to:

• Coordinate timelines around probate
• Prepare the home for market during the waiting period
• Market the home discreetly if needed
• Connect you with resources for property clean-out, staging, and more

✅ Final Thoughts

If you’re the executor of an estate, understanding the difference between probate and the Certificate of Appointment can help you plan ahead and avoid delays.

💬 Want help navigating probate and planning an estate sale in the GTA or Durham? Book a free consultation here.

🔗 Related Topics You Might Find Helpful:

• How to Sell an Estate Property Without Probate in Ontario
• Executor’s Guide: Selling a Home After a Loved One Passes
• Co-Op Sales and Board Rules: What Executors Need to Know

📚 Sources & References

• Ontario Ministry of the Attorney General – Estates
  https://www.ontario.ca/page/estates

• Ontario Superior Court of Justice – Estates Practice Direction
  https://www.ontariocourts.ca/scj/practice/practice-directions/estates/

• Law Society of Ontario
  https://lso.ca/

📝 This blog is for informational purposes only and does not constitute legal advice. For personal legal or financial matters, please consult an estate lawyer or licensed professional.