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.

Selling a home during probate can feel overwhelming. But is it legally possible? Here’s what Ontario sellers need to know.

If you’ve recently inherited a home and are wondering, “Can I sell it before probate is granted?”—you’re not alone. Many families face this question after the passing of a loved one. The truth is, you can list a home for sale before probate is officially granted, but closing the deal involves key legal steps.

As your real estate agent, I bring more than just listing support. I guide you through the probate process from start to finish—coordinating with your estate lawyer, managing timelines, and marketing the property effectively so you don’t lose time or money. Here’s how it works.

Step 1: Confirming the Estate’s Readiness to Sell

The first thing we’ll do is review whether probate has been applied for and who is legally authorized to act on the estate’s behalf. I’ll ask:

• Has an executor or administrator been officially named?

• Do we have a valid will?

• Has probate been filed, or are we waiting on a Certificate of Appointment?

Together with your estate lawyer, we’ll clarify whether the home can be listed now, and what documentation is required to close later.

📝 Want to understand the legal difference between Power of Attorney and Probate?
→ Read: Why Understanding Probate vs. Power of Attorney Matters (And How I’ll Handle It)

Step 2: Listing Before Probate — What’s Possible

Here’s the good news: In Ontario, you can typically list the property for sale before probate is granted. That means we can begin:

• Preparing the home (cleaning, decluttering, staging)

• Taking professional photos and videos

• Marketing to qualified buyers

However, the deal cannot officially close until probate is granted. This is where strategic planning comes in. I’ll manage buyer expectations and include protective clauses that give your estate flexibility.

Step 3: Using a “Direction to List” Letter

If you’re not yet the legal executor but want to get started, we may be able to use a Letter of Direction from the estate’s lawyer. This document allows me to list and market the property with legal safeguards in place—so you’re not stuck in limbo.

This step is especially helpful if you want to time your sale with market conditions or avoid carrying costs.

🏡 Need help prepping the home first?
→ Read: My 7-Step Process for Preparing an Estate Home to Maximize Its Value

Step 4: Keeping the Sale on Track While Waiting on Probate

Probate in Ontario can take anywhere from 4 to 12 weeks, depending on the court and complexity of the estate. During this time, I’ll:

• Communicate directly with your lawyer and estate representatives

• Keep the listing active and buyers informed

• Negotiate conditional offers that respect your timeline

This way, once the certificate arrives, we can close without delays—and your family receives proceeds sooner.

💡 Curious how I protect you from financial stress while waiting?
→ Read: How I Cover Ongoing Costs on an Estate Property During Probate

Let’s Talk About Your Estate Sale Strategy

You don’t have to wait until probate is complete to move forward. If you’re managing an estate property in Toronto, Scarborough, or Durham, I’m here to simplify every step and help you get the most from your sale—with compassion, clarity, and confidence.

📞 Book a free strategy call with me today to discuss your next steps.

About the Author

I’m Lorraine Galura, a GTA-based real estate agent specializing in probate and estate sales. I guide families with empathy and strategy through one of the most sensitive transitions in real estate.

If you’re navigating probate or thinking about selling a home tied to an estate, you’re not alone. I’m here to help you move forward confidently—step by step.

📞 Need a quick strategy call or have questions?
I offer free, no-pressure consultations to help families like yours understand your options.
👉 Book a free call now

🔗 Related Topics You Might Find Helpful:

• Can You Sell a Home Before Probate is Granted in Ontario?

• Executor Checklist for Selling a Home in Ontario

• Step-by-Step Guide: Selling an Estate Property in the GTA

• Probate vs. Certificate of Appointment — What’s the Difference?

📚 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/

• OREA – Ontario Real Estate Association
  https://www.orea.com/

• TRREB – Toronto Regional Real Estate Board
  https://trreb.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.