How to sell an inherited home in Ontario

Summary: Whether you can sell an inherited Ontario home, and how quickly, depends on how the deceased held title. A home held in joint tenancy passes straight to the surviving owner and can be sold without probate. A home owned alone passes through the estate, which usually means getting a Certificate of Appointment of Estate Trustee (probate) before the sale can close.

Do you need probate to sell an inherited home in Ontario?

It depends on how the deceased owned the property. The single most important question is whether the home was held jointly with a right of survivorship or owned alone, because that decides whether the property passes through the estate at all.

• Held in joint tenancy with right of survivorship: the home passes automatically to the surviving owner, outside the estate. No Certificate of Appointment is needed to move title to the survivor, who can then sell as the owner.

• Owned alone, or as tenants in common: the deceased's share passes into the estate and is distributed under the will (or under intestacy rules if there's no will). To transfer or sell it, the estate trustee almost always needs a Certificate of Appointment of Estate Trustee.

There are narrow exceptions where probate isn't required even for an estate-owned home (for example, certain properties recently converted to the Land Titles system on a first dealing), so confirm your specific situation with a lawyer rather than assuming.

What does right of survivorship change?

Right of survivorship is the feature of a joint tenancy that passes a deceased owner's interest directly to the surviving joint owner, bypassing the will and the estate entirely. It's most common between spouses who bought the home together.

When survivorship applies, your lawyer registers a survivorship application on title, supported by the death certificate, to confirm the survivor as the sole owner. Once that's done, the survivor sells the home like any other owner. Two cautions: survivorship is not automatic in every case (an adult child added to title, for instance, may hold their interest in trust rather than by survivorship), and survivorship only covers the jointly held home, not the rest of the estate.

How does probate work when the home is part of the estate?

When the home passes through the estate, the estate trustee applies to the Superior Court of Justice for a Certificate of Appointment of Estate Trustee, with or without a will. The certificate confirms the trustee's authority, and the Land Registry generally requires it before the trustee can transfer the property to a buyer.

Two practical points shape the timeline and the cost:

1. Estate Administration Tax. Ontario charges this tax (often called probate fees) on the value of the estate's assets. There is no tax on the first $50,000, then roughly $15 per $1,000 of value above $50,000. On an $800,000 estate, that's about $11,250.

2. Transmission to the estate trustee. Before the home can be sold, your lawyer registers a transmission application that puts title into the estate trustee's name as trustee. The trustee then signs the transfer to the buyer on closing.

You can list the home and even accept an offer while probate is in progress, but the sale generally cannot close until the certificate is issued and title sits with the estate trustee. Building that wait into the closing date avoids a scramble.

What does your lawyer need to sell an inherited home?

Gather these early, because missing documents are the most common cause of delay:

• The death certificate (a funeral director's statement of death, and often the provincial death certificate).

• The will, and the Certificate of Appointment of Estate Trustee once it's issued, or proof of joint tenancy if the sale runs through survivorship.

• Identification for the estate trustee or surviving owner who will sign the transfer.

• Title details and any mortgage information, so the lawyer can arrange a discharge and confirm property tax status.

• Consent of every estate trustee and, where required, the beneficiaries, if more than one person has authority over the estate.

At Ownright, our licensed Ontario lawyers handle estate sales alongside our broader work on closings, refinances, and purchases, and coordinate the survivorship or transmission registration that has to happen before closing. You can start your file online or get in touch with any questions.

Frequently asked questions

Do I need probate to sell a house I inherited in Ontario?

Usually yes, if the home was owned by the deceased alone or as tenants in common, because the Land Registry generally needs the Certificate of Appointment before the estate trustee can transfer title. If the home was held in joint tenancy, it passes by survivorship and probate isn't required to move title to the survivor.

What happens if the house was jointly owned?

A home held in joint tenancy with right of survivorship passes automatically to the surviving owner, outside the estate. Your lawyer registers a survivorship application with the death certificate, and the survivor can then sell as the sole owner.

How much does probate cost in Ontario?

Estate Administration Tax is nil on the first $50,000 of estate value and about $15 per $1,000 above that. The estate also pays the lawyer's fees for the application, which are separate from the tax.

Can I list the home before probate is finished?

Yes. You can list and accept an offer, but the sale generally can't close until the Certificate of Appointment is issued and title is in the estate trustee's name. Allow time for that in the closing date.

Will I owe capital gains tax when I sell?

Often less than people expect. On death, the home's value is reset to its fair market value at the date of death, and if it was the deceased's principal residence the gain up to that point is usually exempt. Tax can apply on any increase in value between the date of death and the sale. Confirm your situation with an accountant.

About the author

Joel Fox is a co-founder and COO at Ownright. He helps run the firm's day-to-day work on Ontario residential closings, refinances, and sales, and writes regularly to demystify the parts of a transaction that most homeowners only encounter once or twice in their lives.

Legal references: Estate Administration Tax Act, 1998, S.O. 1998, c. 34, Sch. (Estate Administration Tax); Succession Law Reform Act, R.S.O. 1990, c. S.26 (estate distribution and intestacy); Land Titles Act, R.S.O. 1990, c. L.5 (transmission and transfer of title); Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (deemed disposition on death and the principal residence exemption).

Important note: This article is not legal advice. No one should act, or refrain from acting, based solely on the information in this post or any linked materials without first seeking appropriate legal or professional advice.