Do You Need Probate to Sell a House in Ontario? The 2026 Answer

For most executors, this is the first real estate question they have ever had to answer under grief. The good news is that the answer is knowable, the costs are modest and predictable, and the timeline is workable when it is planned rather than endured.

Here is what Ontario actually requires, in plain language.

When Probate Is Required, and When It Is Not

The dividing line is how the home was owned. A house owned solely by the person who passed, or as tenants in common, usually needs probate: the land registry generally requires a Certificate of Appointment of Estate Trustee before the estate can transfer title to a buyer. The application process is explained on the Ontario government's probate page.

A house held in joint tenancy is different. It passes to the surviving owner by right of survivorship, handled through a survivorship application rather than probate, and the survivor can then sell as the sole owner. Rare exemptions exist beyond that, which is why the estate lawyer's confirmation is always step one.

What Probate Costs in Ontario

Ontario's Estate Administration Tax is charged on the value of the estate: nothing on the first $50,000, then $15 per $1,000 — about 1.5 per cent — above it. On a $1,200,000 Markham home, that works out to roughly $17,250, paid by the estate before assets are distributed. The current rates are published on the province's Estate Administration Tax page.

Can You List the Home Before the Certificate Arrives?

Often, yes — and this is the fact that changes the whole timeline. In many estates the home can be prepared, valued, and even listed while probate is in progress, and it can receive an offer. What generally cannot happen, when probate is required, is closing: title has to rest with the estate trustee before it transfers to a buyer.

The practical move is to build the certificate wait into the closing date from the start. Court processing varies from weeks to several months depending on the location and the file, so a closing set on the far side of that window keeps the sale calm instead of scrambling. For families in Unionville, Bullock, Raymerville, and Markham's other established neighbourhoods, that single planning decision is often the difference between a composed sale and a stressful one.

The Tax Question Families Worry About Most

There is no inheritance tax in Canada. At death, property is deemed sold at fair market value, and if the home was the deceased's principal residence, that gain is usually sheltered. From there, the estate or heirs pay capital gains tax only on growth after the date of death, and in 2026, half of that gain is taxable at the marginal rate.

Two habits protect everyone: document the date of death value properly, and do not let the home drift vacant for a year, because post-death growth, vacancy costs, and insurance conditions all accumulate quietly. The estate's accountant confirms the numbers, including any clearance certificate before final distribution.

The full path, five steps from inherited to sold, sits here: Selling an Inherited House in Markham.

Frequently Asked Questions