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Seller guide · Ontario
Selling a house you inherited is mostly paperwork and patience. The order matters: confirm who has authority, sort out probate, value the home, then decide how to sell. Here is how it works in Ontario, step by step.
$15
Estate Administration Tax per $1,000 of estate value above $50,000
Ontario.ca, Estate Administration Tax, Applications on or after January 1, 2020By Alex Reid · Updated
The short answer
The person named in the will as estate trustee (often called the executor) is the one who sells. They sign the agreement of purchase and sale and the transfer, on behalf of the estate.
If there is no will, someone has to apply to the court to be appointed estate trustee before they can deal with the house. That usually takes longer, so start early.
If the house was owned jointly with right of survivorship (common between spouses), it usually passes straight to the surviving owner outside the estate, and probate may not be needed for it. The lawyer will check how title is held.
Usually, yes. In Ontario, probate means getting a Certificate of Appointment of Estate Trustee from the Superior Court of Justice. A buyer’s lawyer, and the buyer’s lender, normally want to see it before the deal closes, because it proves the trustee can transfer title.
Whether your estate needs one depends on the assets and how they are held. The province recommends checking with a lawyer before you apply.
Applying is when the Estate Administration Tax comes up. It is paid as a deposit with the application and becomes the tax when the certificate is issued. If no certificate is applied for, no tax is owed.
Worked example
An estate worth $650,000 in total: $600,000 above the $50,000 threshold, so 600 × $15 = $9,000 in Estate Administration Tax.
Estate Administration Tax in Ontario
Estate worth $50,000 or less
$0
Return still required
Value above $50,000
$15 per $1,000
Rounded up to the next $1,000
Estate Information Return
180 days
After the certificate is issued
This is the usual order. Your estate lawyer will adjust it for your estate.
The house sale itself is the quick part. Probate is the slow part, and it varies by court and by how complete the application is. Ask your lawyer what your local court is running at.
A listed sale adds preparation, time on the market and a financed closing, usually 30 to 90 days after an offer. A direct sale can close as soon as the paperwork allows, so the wait is mostly probate.
Clearing a home is often the hardest job for a family, especially from out of town. Sort out what beneficiaries want first, and photograph anything of value for the estate record.
For the rest, you have three options: clear it yourself, hire an estate clearing company, or sell to a buyer who takes the house with the contents. If the contents are staying, write that into the agreement.
If the house is in good shape and the beneficiaries can wait, listing it will usually get the highest price. If it needs work, is full of belongings, or the family lives far away, a direct sale trades some price for a known number, a set date and none of the preparation.
Compare what the estate would net each way. See cash offer vs. realtor, and when the sale closes, read capital gains on an inherited house.
Selling an estate home?
We buy inherited homes as-is, contents included, and work with the estate trustee and lawyer. See how it works.
Sources
This guide is general information, not legal, tax or financial advice. Private Deals buys homes directly and is not a real estate brokerage. Talk to a lawyer before you sign anything.
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