Selling a House in an Estate in Toronto: A Step-by-Step Guide for Executors
November 8, 2026
By Tom Storey, Sales Representative and Team Leader, The Storey Team at Royal LePage Signature Realty. Updated November 2026.
To sell a house in an estate in Toronto, the executor (called the estate trustee in Ontario) usually needs a Certificate of Appointment of Estate Trustee from the court before the sale can close. You can prepare the house, get a valuation and plan the listing while that is in progress. Most delays come from starting the court application late, so speak with an estate lawyer first.
Key takeaways
- In most cases, title cannot transfer to a buyer until the court issues the Certificate of Appointment of Estate Trustee, often called probate.
- Ontario’s Estate Administration Tax is $0 on the first $50,000 of the estate and $15 for every $1,000 above that, paid by the estate.
- Some older properties qualify for an exemption that avoids probate for the sale. Your lawyer can check this from the title.
- A vacant house needs the right insurance, regular checks and the utilities kept on.
- Sell based on what the estate actually nets, not just the highest price.
Selling a parent’s home is a business decision made at an emotional time. My job is to take the practical work off the executor’s plate, keep every beneficiary informed, and make sure nothing about the house holds up the estate.
Step by step: selling an estate home in Toronto
- Find the will and confirm who the estate trustee is. If there is no will, someone must apply to be appointed.
- Hire an estate lawyer. They will tell you whether a Certificate of Appointment is needed for the house and start the application.
- Secure the house. Call the insurer right away, because many policies change once a home is vacant. Keep the heat, power and water on, forward the mail and arrange regular checks.
- Get a market valuation. The estate needs the value at the date of death for the court application and for the final tax return. A realtor’s market analysis or an appraisal both work. Ask your lawyer which one they want.
- Decide: sell as is, or prepare the house. Compare what the work costs with what it adds to the price. In my experience, cleaning, clearing and small repairs almost always pay for themselves. Big renovations usually do not.
- Clear the contents. Family takes what it wants first, then donation, consignment and junk removal.
- List and sell. Set the closing date with probate timing in mind, and have your lawyer review the offer terms.
- Close and distribute. The proceeds go to the estate’s lawyer in trust, then into the estate, and are distributed after debts and taxes are dealt with.
What it costs the estate
| Cost | Who it is paid to | Notes |
|---|---|---|
| Estate Administration Tax | Province of Ontario | $0 on the first $50,000, then $15 per $1,000. Example: a $1,200,000 estate pays $17,250. |
| Estate lawyer fees | Your lawyer | Ask for a written quote. |
| Real estate commission plus 13% HST | The brokerage | Negotiated in the listing agreement. |
| Real estate lawyer for the sale | Your lawyer | Often the same firm as the estate lawyer. |
| Insurance, utilities and property tax until closing | Various | Paid by the estate while the house is held. |
| Clearing, cleaning and repairs | Contractors | Keep every invoice for the estate’s records. |
Does the estate pay capital gains tax on the house?
If the home was the deceased’s principal residence for every year they owned it, the gain up to the date of death is generally exempt. Any increase in value between the date of death and the sale can be taxable to the estate. That is one more reason to get a good valuation at the date of death, and to involve the estate’s accountant early.
About Tom Storey
Tom Storey leads The Storey Team at Royal LePage Signature Realty in Toronto. He has been licensed since 2014 and has been part of more than 1,000 Toronto real estate transactions, including many estate sales for families and executors. The Storey Team ranked #1 for downtown Toronto condo sales in 2024 and 2025 (based on the number of condos sold on TRREB MLS® in downtown Toronto, districts C01 and C08, January 1 to December 31; how we measure). Read what clients say in 190+ five-star Google reviews, and learn more about how we help with estate sales.
Frequently asked questions
Do I need probate to sell a house in Ontario?
Usually, yes. In most cases the estate trustee needs a Certificate of Appointment of Estate Trustee before the house can be transferred to a buyer. Some properties qualify for an exemption, so ask your estate lawyer to check the title.
Can I list the house before probate is granted?
You can prepare and plan the sale, but the closing generally cannot happen until the certificate is issued. Your lawyer will advise on whether to wait for the certificate before signing an agreement, or how to set the closing date.
How much is probate in Ontario?
The Estate Administration Tax is $0 on the first $50,000 of the estate’s value and $15 for every $1,000 above that. The estate pays it, not the executor personally.
Who is responsible for the house until it sells?
The estate trustee. That includes insurance, utilities, property taxes, security and keeping the house in reasonable condition.
Should an estate sell the house as is?
Often not completely as is. Clearing, cleaning and small repairs usually return more than they cost. Major renovations rarely do, and they delay the estate.
Do all the beneficiaries have to agree to the sale?
The estate trustee has the authority to sell under the will, but keeping beneficiaries informed avoids conflict. If the will leaves the house to a specific person, the rules are different, so check with your lawyer.
Sources
This article is general information, not legal or tax advice. Every estate is different. Speak with an Ontario estate lawyer and accountant about your situation.
