Published 2 November 2026 · By Jatin Dua, Broker of Record, RE/MAX Quantum Realty
While a parent is alive, the parent or their attorney under a continuing power of attorney for property can sell. Once the parent dies, the POA ends and the estate trustee sells, usually after getting a Certificate of Appointment. Ontario’s Estate Administration Tax is $15 per $1,000 above the first $50,000 of the estate.
This guide is for adult children in Toronto and the GTA who need to sell a parent’s house in 2027, either because a parent has moved into care or because a parent has died. You will learn who has the legal power to sign, when you need probate, what the estate tax and income tax look like, and the order of steps that avoids a stalled sale. Your family’s lawyer should confirm each step for your situation.
Who can sell a parent’s house in Ontario?
It depends on two facts: whether your parent is alive, and how the house is owned. Start here.
| Situation | Who signs the sale | Key document |
|---|---|---|
| Parent alive and mentally capable | The parent, or an attorney the parent chooses to use | Parent’s signature, or a power of attorney for property |
| Parent alive but no longer capable of managing property | The attorney under a continuing power of attorney for property | Original continuing POA for property |
| Parent alive, not capable, and no POA | A court-appointed guardian of property | Court order |
| Parent died; house owned jointly with a surviving spouse | The survivor, by right of survivorship | Proof of death; title is updated |
| Parent died; house in the parent’s name alone | The estate trustee (executor) | Certificate of Appointment of Estate Trustee, usually before signing an offer |
Source: Substitute Decisions Act, 1992; Government of Ontario pages on powers of attorney and applying for probate (2026).
If you are unsure which row you are in, my comparison of power of attorney vs executor goes through the difference in more detail.
Can a power of attorney sell a parent’s house in Ontario?
Yes. Ontario’s government page on powers of attorney lists “maintaining or selling your house” as a decision an attorney for property can make. Under the Substitute Decisions Act, 1992 (SDA), a power of attorney for property is a continuing power of attorney if it says it is a continuing power of attorney, or shows the intention that the attorney can act while the person is incapable of managing property (s. 7). It must have been signed in front of two witnesses (s. 10).
Ontario also says an attorney can start making decisions right away unless the document says otherwise. Some documents only take effect once the parent is found incapable, so read yours carefully.
What rules does the attorney have to follow?
Once the parent is incapable, or the attorney has reasonable grounds to believe so, section 38 applies the duties of a guardian of property to the attorney. In plain terms:
- The attorney is a fiduciary and must act honestly, in good faith and for the parent’s benefit, not the family’s (s. 32).
- The attorney must make reasonable efforts to find out whether the parent has a will and what it says (s. 33.1).
- The attorney must not sell property the attorney knows is the subject of a specific gift in the will, such as “my house to my daughter,” unless the sale is needed to meet the attorney’s duties, for example to pay for the parent’s care (s. 35.1).
- If such a sale does happen, section 36 says the beneficiary is entitled to the equivalent from the rest of the estate, so the gift is not simply lost.
Keep records of every dollar. The attorney may have to account for the sale later.
What happens if a parent has no power of attorney?
Family members cannot simply step in. Ontario’s guidance is clear that without an attorney for property, your family, including a spouse, cannot automatically make financial decisions. Someone may have to apply to court to become the parent’s guardian of property. That takes time and legal fees, so if your parent is still capable, the most useful step this year may be signing a continuing power of attorney for property with a lawyer.
What happens to the power of attorney when the parent dies?
It ends. Section 12 of the SDA says a continuing power of attorney terminates when the grantor dies. From that moment, only the estate trustee named in the will (or appointed by the court) can deal with the house.
If an attorney signs a sale while a parent is alive and the parent dies before closing, the attorney’s power ends before the deal closes. The estate trustee then has to complete it, and may need a court certificate first. Tell your lawyer early if a parent is very unwell, so the closing date and documents are planned with that risk in mind.
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Do you need probate to sell a parent’s house in Ontario?
Usually, yes, if the house was in the parent’s name alone. Ontario’s probate page says an estate normally must be probated when it includes real property that does not pass by right of survivorship, and that a Certificate of Appointment of Estate Trustee (or a Small Estate Certificate) should be obtained before anyone enters into an agreement of purchase and sale.
If the house was held as joint tenants with a surviving spouse, it generally passes to the survivor outside the estate, and probate is not needed for the house itself.
Ontario says regular applications are typically processed within 15 business days, and longer if documents are missing or a judge must decide an issue. The Small Estate Certificate is faster, but it is only for estates worth up to $150,000, so it rarely fits a GTA house. My guide to selling a house after a death in Ontario covers what you can and cannot do while you wait.
How much is probate tax in Ontario in 2027?
Ontario’s Estate Administration Tax is $0 on the first $50,000 of the estate’s value and $15 for every $1,000 (or part of $1,000) above that. It is based on the fair market value at the date of death, and the estate pays it as a deposit when the estate trustee applies for the certificate.
| Estate value at death | Estate Administration Tax |
|---|---|
| $50,000 | $0 |
| $500,000 | $6,750 |
| $900,000 | $12,750 |
| $1,250,000 | $18,000 |
| $1,600,000 | $23,250 |
Source: Government of Ontario, Estate Administration Tax (updated June 24, 2026). Calculated at $15 per $1,000 above $50,000.
The estate trustee must also file an Estate Information Return with the Ministry of Finance within 180 calendar days after the certificate is issued, even if no tax is owing. Ontario warns that failing to file can lead to fines.
What income tax is owed when a parent’s house is sold?
The Canada Revenue Agency treats a person as having sold all their capital property at fair market value immediately before death. For a home that was the parent’s principal residence, the gain up to death is usually sheltered, but the executor must still designate it on the parent’s final return using Schedule 3 and Form T1255.
The CRA also says the principal residence designation only applies up to the date of death. If the estate sells later for more than the date-of-death value, that extra gain is generally reported on the estate’s T3 return. If the house goes to a surviving spouse, the tax can roll over to the spouse instead. This is why an appraisal as of the date of death is worth getting early.
What will the house sell for in 2027?
Prices in most of the GTA are lower than in 2024, and family homes are taking around a month to sell. Detached medians for January to October 2026, compared with the same period of 2025, were down 5.8% in Mississauga ($1,225,000), 8.9% in Brampton ($950,000), 6.5% in Markham ($1,420,000) and 7.8% in Toronto’s W08 district ($1,540,000), and flat in Burlington ($1,249,750). Average days on market were, for example, 23 in Whitby and Ajax and 33 in Oakville.
Source: TRREB MLS data via REALM, detached homes, January–October 2026 vs 2025. Municipal and district medians.
Older homes that have not been updated often sell below these medians. An executor has a duty to get fair value, which usually means a proper listing and documented pricing, not a quick sale to a relative or a cash buyer without checking the market. My guide on what an executor’s job involves covers that duty.
What about the empty house while it is being sold?
Empty homes cost money and carry risk. Keep the heat on, check the house often, keep paying the property tax and utilities from estate or parent funds, and tell the home insurer the house is vacant, since coverage can change. My guide to clearing a family home in Toronto covers the contents.
In Toronto, the Vacant Home Tax is 3% of assessed value for a home vacant six months or more, but there are exemptions. If a registered owner died, the exemption can be claimed for up to three consecutive tax years. If the parent lived in a hospital, long-term care home or supportive care for at least six months of the year, the exemption can be claimed for up to two years. You still have to file the yearly declaration.
The sales that go wrong are usually the rushed ones: an offer signed before the certificate arrives, or a house listed full of furniture with a leaky roof nobody disclosed. My advice is to sort the paperwork first, clear and clean the house, fix only what affects safety or a buyer’s lender, then list. For a parent moving into care, my guide on what happens to the house when a parent moves to long-term care sets out the options, including renting it out.
What to do next
- Find the original will and any continuing power of attorney for property, and confirm how the house is held on title.
- If your parent has died and the house was in their name alone, start the probate application with a lawyer before accepting any offer.
- Get a date-of-death or current appraisal or written price opinion for tax and estate records.
- Tell the insurer, secure the house, and file Toronto’s Vacant Home Tax declaration if it applies.
- Talk to me about timing and preparation. I help families sell homes across Toronto and the GTA, and I will work with your lawyer and accountant.
Need help with this? Talk to me.
I’m Jatin Dua, Broker of Record at RE/MAX Quantum Realty, and I’m the best agent to do this kind of work for you in Toronto and across the GTA. Over $100 million in GTA sales and 100+ families helped sell. Feel free to contact me any time: call or text 833-330-1925 or email [email protected].
Frequently asked questions
Can I sell my parents house with power of attorney in Ontario?
Yes. In Ontario, an attorney under a valid continuing power of attorney for property can sell a parent’s house while the parent is alive. The attorney must act for the parent’s benefit, keep records, and avoid selling a house left as a specific gift in the will unless needed for the parent’s care. The power of attorney ends when the parent dies.
Does a power of attorney end at death in Ontario?
Yes. Under section 12 of Ontario’s Substitute Decisions Act, a continuing power of attorney ends when the person who gave it dies. From then on, only the estate trustee named in the will, or appointed by the court, can sell the house. In 2027, plan the closing date carefully if a parent is very unwell.
Do I need probate to sell my mother’s house in Ontario?
Usually yes, if the house was in her name alone. Ontario says an estate normally needs probate when it includes real property that does not pass by survivorship, and that the Certificate of Appointment of Estate Trustee should be obtained before signing an agreement of purchase and sale. A house held jointly with a surviving spouse usually passes outside the estate.
How much is probate on a house in Ontario?
Ontario’s Estate Administration Tax is $0 on the first $50,000 and $15 per $1,000 above that, based on the estate’s value at death. A $900,000 estate pays $12,750 and a $1,250,000 estate pays $18,000. The estate trustee must also file an Estate Information Return within 180 days after the certificate is issued.
How long does probate take in Ontario?
Ontario says regular probate applications are typically processed within 15 business days of filing, and longer if documents are missing or a judge must decide an issue. Small Estate Certificates usually take about five business days but only apply to estates worth up to $150,000. Gathering documents and values before filing often takes longer than the court step.
Do you pay capital gains when selling a deceased parent’s house?
Usually not on the gain up to death if it was the parent’s principal residence, but it must be reported on the final return with Schedule 3 and Form T1255. The CRA says the designation stops at the date of death, so a rise in value between death and the estate’s sale is generally taxed on the estate’s T3 return.
Can siblings force the sale of a parent’s house in Ontario?
It depends on the will and who owns the house. If the house is in the estate, the estate trustee handles the sale under the will and the law, and a beneficiary who objects usually has to go to court. If siblings inherit and own the house together, any co-owner can ask a court to order a sale under Ontario’s Partition Act. Get legal advice before it reaches that point.
Do I have to pay Toronto’s vacant home tax on my late parent’s house?
Usually not for a while. Toronto’s Vacant Home Tax has an exemption when a registered owner died, which can be claimed for up to three consecutive tax years, and an exemption for up to two years when the owner lived in hospital or long-term care. You must still file the yearly declaration, and the 2026 declaration is due April 30, 2027.
What if my parent has dementia and no power of attorney in Ontario?
Family cannot sell the house automatically. If an Ontario parent can no longer manage property and has no continuing power of attorney, someone usually has to apply to court to be appointed guardian of property before selling. If your parent still has capacity in 2027, signing a continuing power of attorney for property with a lawyer avoids this.
Sources
- Substitute Decisions Act, 1992, S.O. 1992, c. 30 (e-Laws)
- Make a power of attorney (Government of Ontario)
- Apply for probate of an estate (Government of Ontario)
- Probate of a small estate (Government of Ontario)
- Estate Administration Tax (Government of Ontario)
- CRA: Taxable capital gains on property, investments, and belongings (deceased persons)
- City of Toronto, Vacant Home Tax
- Partition Act, R.S.O. 1990, c. P.4 (e-Laws)
Related reading
- Seller Closing Costs in Ontario for 2027: Every Fee Before You Get Paid
- How to Sell a House in Toronto, Step by Step (2027)
- Closing Costs on a New Build in Ontario: What Builders Add
- How Much Is My House Worth in Caledon? (2027)
About the author — Jatin Dua, Toronto and GTA real estate broker
I am Jatin Dua, Broker of Record and co-founder of RE/MAX Quantum Realty Inc., Brokerage, Unit 101, 799 The Queensway, Toronto. I work with buyers and sellers across Toronto and the GTA and have helped more than 100 families sell. Four-plus years of active GTA transactions and over $100 million in sales volume.
Reach me at [email protected] or 833-330-1925, or book a call.