Published 7 September 2026 · Updated 29 September 2026 · By Jatin Dua, Broker of Record, RE/MAX Quantum Realty
In most cases you cannot sell an Ontario home until the court issues a Certificate of Appointment of Estate Trustee — what people still call probate — which currently takes roughly two to four months. Ontario’s Estate Administration Tax is nil on the first $50,000 of estate value and $15 per $1,000 above that. If the home was held in joint tenancy with a surviving spouse, it passes outside the estate and can usually be sold without probate at all.
First, find out how the title was held
This single fact changes everything, and it takes one title search to answer. Ontario recognises two ways two or more people can own property together, and they behave completely differently at death.
- Joint tenancy with right of survivorship. The deceased’s interest passes automatically to the surviving owner. No probate needed for the house. A lawyer files a survivorship application with a death certificate and the title is updated, often within days.
- Tenants in common. The deceased’s share forms part of their estate and goes wherever the will says. Probate is almost always required before that share can be sold.
- Sole ownership. The house is entirely in the estate. Probate is required in virtually every case, because the buyer’s lawyer and their lender will insist on it.
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Ontario’s Estate Administration Tax, calculated
Ontario charges an Estate Administration Tax when you apply for the certificate. It is based on the total value of estate assets, including the full value of the home, less only encumbrances registered against real property — that is, the mortgage.
- Estates of $150,000 or less can use Ontario’s simplified small estate process, with a shorter application and no tax.
- An Estate Information Return must be filed with the Ministry of Finance within 180 days of the certificate being issued, listing the assets and how they were valued.
- Only mortgages reduce the number. Credit cards, funeral costs and the deceased’s other debts do not.
| Estate value | Rate | Tax |
|---|---|---|
| First $50,000 | Nil | $0 |
| Above $50,000 | $15 per $1,000 | 1.5% |
| Example: $900,000 home, $300,000 mortgage | ||
| Estate value for EAT | $600,000 | |
| Estate Administration Tax | $8,250 |
The two valuations you need, and why they are different
Executors often get one opinion of value and use it for everything. That is a mistake, because two separate numbers are doing two separate jobs.
The date-of-death fair market value is what the Canada Revenue Agency and the Ministry of Finance care about. At death the deceased is deemed to have disposed of the property at fair market value on that date. That number sets the estate’s cost base and is reported on the Estate Information Return.
The current market value is what you list at, months later, in whatever market exists at that point.
- If the house appreciates between the date of death and the sale, the estate has a capital gain on that increase — and the principal residence exemption generally does not shelter it, because the estate is not living there.
- If it declines, the estate may have a capital loss it can use.
- Either way, get a written retrospective appraisal for the date of death from an accredited appraiser. A verbal opinion or a printout from a website will not hold up if the return is reviewed.
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A realistic timeline
The single most common source of family conflict I see is a mismatch between what one sibling expects and what the process actually takes.
| Stage | Typical duration | Can it run in parallel? |
|---|---|---|
| Death certificate, locate the will | 1 – 3 weeks | — |
| Title search, asset inventory, appraisal | 2 – 4 weeks | Yes |
| Prepare and file the probate application | 2 – 6 weeks | — |
| Court issues the certificate | 6 – 16 weeks | — |
| Clear out, prepare and stage the home | 3 – 8 weeks | Yes, during the wait |
| List, sell and close | 6 – 12 weeks | — |
| Death to money in hand | 6 – 12 months |
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What you can and cannot do before the certificate arrives
Executors are often told they must sit on their hands. Not true — you can do a great deal, you just cannot complete a transfer of title.
- You can secure and insure the property. Tell the insurer it is vacant — an ordinary homeowner’s policy usually lapses after 30 days of vacancy and a claim would be denied.
- You can clear it out, repair, paint and stage it.
- You can list it for sale and even accept an offer, provided the agreement is conditional on the estate obtaining the certificate and the closing date allows for it. Many Ontario estate sales are structured exactly this way.
- You cannot close the transfer of title until the certificate is issued and registered.
- You should not distribute proceeds to beneficiaries before the estate has a CRA clearance certificate. Executors are personally liable for unpaid tax they distributed away.
When there is more than one beneficiary
Most estate sales I handle go smoothly. The ones that do not almost always fail on the same three points, and all three are fixable at the start.
- Price expectations. One sibling remembers a neighbour’s 2022 sale. Get a written, current opinion of value in front of everyone before you set a list price, so the conversation is about a document rather than about feelings.
- Whether to renovate first. Almost never worth a full renovation. Paint, flooring, decluttering and a deep clean return their cost; a new kitchen in an estate sale usually does not.
- One beneficiary wants to buy the others out. Entirely doable, but it must be at fair market value, documented, and ideally supported by an independent appraisal, or the other beneficiaries have grounds to challenge the executor later.
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Common questions
Do I always need probate to sell a house in Ontario?
Not always. If the property was held in joint tenancy with a surviving owner, it passes by survivorship and can usually be sold without probate. If it was solely owned or held as tenants in common, the buyer’s lawyer and lender will require the Certificate of Appointment of Estate Trustee before closing.
How much is probate on a house in Ontario?
Ontario’s Estate Administration Tax is nil on the first $50,000 of estate value and $15 per $1,000 after that — 1.5%. Only mortgages registered against real property reduce the value; other debts do not.
How long does probate take in Ontario in 2026?
Court processing commonly runs six to sixteen weeks after filing, and varies significantly by court location. Add a few weeks to prepare the application. Most executors should plan for two to four months from filing to certificate.
Can I list the house before probate is granted?
Yes. You can market it and accept an offer conditional on the estate obtaining the certificate, with a closing date that allows for it. You simply cannot transfer title until the certificate is in hand.
Does the estate pay capital gains tax on the house?
The principal residence exemption generally shelters the gain up to the date of death. Any increase in value between the date of death and the eventual sale is a gain in the estate’s hands and is usually taxable. This is why the date-of-death appraisal matters so much.
Should we renovate the house before selling it?
Rarely. Paint, flooring, decluttering, a deep clean and good photography reliably return more than they cost. Full kitchen or bathroom renovations in an estate sale usually do not, and they add months to a timeline the beneficiaries are already finding long.
Handling an estate sale? Start with a number you can show everyone.
I work with executors and their lawyers regularly, and the first thing that settles a family is a clear, written opinion of value. Send me the address and I will prepare one, along with a realistic timeline you can share with the beneficiaries.
Talk to Jatin about an estate sale or call or text 833-330-1925.
Selling an estate property? Here is how I run inherited-home sales, start to finish.
Related reading
- What Happens to a Mortgage When Someone Dies in Ontario?
- Death in a House in Ontario: Do Sellers Have to Disclose?
- Free AI home value estimator
- Client vs self-represented party in Ontario
- More Ontario real estate guides
- Ontario Ministry of Finance — Estate Administration Tax rates and the Estate Information Return
- Ontario Superior Court of Justice — Certificate of Appointment of Estate Trustee and the small estate process
- Canada Revenue Agency — Deemed disposition on death and the principal residence exemption
- Canada Revenue Agency — Clearance certificates and executor liability
- Ontario Land Titles Act — survivorship applications and transmission of title
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Jatin Dua is Broker of Record and co-founder of RE/MAX Quantum Realty, Brokerage, Unit 101, 799 The Queensway, Etobicoke. Four-plus years in the GTA and more than $100M in sales volume.
General information for Ontario executors, not legal, tax or estate advice. Estate administration is fact-specific and mistakes can make an executor personally liable. Retain an estates lawyer and an accountant before filing, selling or distributing anything.