Can You Sell a Home Without Probate in Ontario? Understanding the “First Dealings” Exemption

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.