Can You Sell a Home Before Probate Is Granted in Ontario?

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.