How to Sell a Loved One's Home After They Pass: Your Step-by-Step Guide
Estate Sales
etobicokehomes4sale.com
Probate & Real Estate — Plain & Simple
How to Sell a Loved One's Home After They Pass:
Your Step-by-Step Guide
Your Step-by-Step Guide
No legal jargon. No confusion. A clear, simple roadmap to help your family move forward — faster.
Kathy & Lauren GordonRE/MAX ProfessionalsEtobicoke & Toronto West
First, take a breath. Losing a loved one is hard enough. Figuring out what to do with their home shouldn't add to the stress. The process in Ontario is called probate — and while it sounds intimidating, it really comes down to a series of clear steps. We've helped many families navigate this, and we're here to walk you through it in plain language.
The basics
So… what is probate, exactly?
Think of probate as the court's way of saying "yes, this Will is real, and this person has permission to act on it." Until that permission is granted, the executor can't legally sell the house — banks won't accept the Will alone, and the Land Registry won't transfer title without it.
The good news? It's a process — and once you know the steps, it's manageable.
The good news? It's a process — and once you know the steps, it's manageable.
The action plan
8 steps to get from loss to listing — as fast as possible
1
Secure the property right away
Day 1
Change the locks, notify the home insurer that the house is now vacant, and keep the heat on (especially in winter — frozen pipes are costly). Activate the security system if there is one.
Pro tip: Most home insurance policies reduce or cancel coverage after 30 days of vacancy. Call the insurer on Day 1 to get a vacancy permit — this is critical.
2
Find the original Will
Days 1–3
The court needs the original Will — a photocopy won't do. Check the home, safety deposit box, and the deceased's lawyer's office. If there's no Will at all, the estate is "intestate" and different rules apply — talk to a lawyer immediately.
3
Get multiple certified copies of the Death Certificate
Week 1
Order at least 5–10 certified copies from the funeral home or Service Ontario. Banks, the Land Registry, insurance companies, and pension offices each need their own original — photocopies are not accepted.
4
Hire an estate lawyer
Week 1–2
An estate lawyer handles the heavy lifting: preparing the probate application, calculating the tax owing, and dealing with the court on your behalf. This is worth every dollar — mistakes cost far more in delays. Ask us for a trusted referral.
Speed tip: The sooner you hire the lawyer, the sooner the probate clock starts. Don't wait.
5
Get a professional property appraisal
Week 2–4
A certified appraiser determines the home's fair market value as of the date of death. This figure is used to calculate the probate tax and sets the cost base for any capital gains tax your accountant will need to file.
6
File for probate — your lawyer handles this
Month 1–2
Your lawyer files with the Superior Court of Justice, submitting the original Will, a full asset inventory, and the probate tax payment. In Ontario, the tax is 1.5% of any estate value over $50,000. On a $900,000 home, that's roughly $12,750.
Good news: Since 2020, Ontario accepts electronic filing — faster than the old paper system.
7
While you wait — prepare the home for sale
During probate — this is the biggest time-saver
You don't need to wait for probate to finish before getting ready. Use this window to: declutter and clean, handle minor repairs, book a pre-listing inspection, and work with your real estate agent on a listing strategy. This turns a 6-month wait into a 1-week launch the moment probate clears.
This step alone saves families 4–8 weeks. Most people don't know they can — and should — do this during probate.
8
Receive your Certificate — and list the home
Month 2–6 (varies by complexity)
Once the Certificate of Appointment of Estate Trustee arrives from the court, the executor has full legal authority to sell. Simple estates often clear in 4–8 weeks. More complex situations can take 3–6 months. With Step 7 done, you can be live on MLS within days of receiving it.
The numbers
What does probate actually cost?
Ontario's probate tax (Estate Administration Tax) is straightforward:
| Estate value | Tax rate | Real example |
| First $50,000 | No tax | $0 |
| Amount over $50,000 | 1.5% | $900K home = ~$12,750 |
| Total estate $1,000,000 | 1.5% × $950,000 | $14,250 total |
Important: The tax applies to assets that flow through the estate. RRSPs, TFSAs, and life insurance with a named beneficiary typically pass outside the estate and aren't subject to this tax. Your accountant can help minimize what goes through probate.
Common pitfalls
What causes delays — and how to avoid them
📄
Missing original Will
Copies aren't accepted. Search the home, lawyer's office, safety deposit box, and Ontario's Wills Registry before assuming it's lost.
🏠
Vacant home damage
A burst pipe or mold issue can delay a sale by months. Check the property regularly and keep the heat on.
👨👩👧
Family disagreements
Beneficiary disputes can stall things for months. Clear, transparent communication from the executor helps enormously.
📋
Incomplete paperwork
Courts issue "requisitions" if the asset list or appraisal is missing details. Get a professional appraisal — not a guess.
💰
Carrying costs adding up
Mortgage, taxes, utilities, and insurance keep running every month. Every week of delay costs the estate real money.
🤝
Wrong agent for the job
Estate sales have unique legal and tax dimensions. Choose an agent with proven estate sale experience to protect the executor from liability.
KL
Kathy & Lauren Gordon — RE/MAX Professionals
We are very experienced in selling Estate Sales. Every family's situation is different — we're here to guide you with honest, knowledgeable support and no pressure.
Need help with an estate sale in Etobicoke or Toronto West?
We've guided many families through this process with compassion and expertise. Reach out — we'll answer your questions and help you move forward at your own pace.
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