Probate in Markham | Selling an Estate Home & Ontario Probate Guide
Probate & Estate Homes · Markham & York Region

Probate in Markham, Made Clear

Probate is the court process that confirms a will and gives the estate trustee legal authority to manage and sell a deceased person's assets. In Ontario it is called the Certificate of Appointment of Estate Trustee. This guide explains how it works, what it costs, how long it takes in the GTA, and how to sell an estate home the right way.

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Michael John Lau, REALTOR® — helping Markham families sell estate and probate homes
Michael John Lau REALTOR® · Estate & Probate Homes

If you're reading this after losing someone, first — we're sorry. Handling an estate is a lot to carry. The goal here is simple: help you understand each step so nothing feels uncertain, and so the home is handled with care when the time comes.

The Basics

What Probate Actually Means in Ontario

Probate is the court process that proves a will is valid and gives the estate trustee legal authority to deal with the estate. In Ontario, the document that grants this authority is the Certificate of Appointment of Estate Trustee. Banks, investment firms, and the land registry office generally require it before they will release funds or allow a home to be sold or transferred.

When someone passes away, their bank accounts, investments, and home don't automatically become available to the family. Before anyone can access or sell those assets, the institutions holding them want proof that the person handling the estate has the legal right to do so. That proof is the certificate.

Ontario replaced the older word "probate" with Certificate of Appointment of Estate Trustee to reflect current legal language. The process is the same one families have always known — most people still simply call it probate. The person who administers the estate is the estate trustee (named in the will, this person was traditionally called the executor; if there is no will, the court appoints one).

The certificate does not distribute the estate — that remains the trustee's job after debts and taxes are paid. What it does is unlock the authority to act: to collect the assets, deal with the bank, and sell the home.

Step by Step

How the Probate Process Works

From the first days after a loss to selling the home, here is the path most Markham estates follow. Every estate is different, and a lawyer confirms the details for your situation — but this is the shape of it.

1
Confirm whether probate is required
Not every estate needs it. The answer depends on how the home is held on title. A property owned solely by the deceased usually requires a certificate before it can be sold. A property held in joint tenancy with right of survivorship generally passes straight to the surviving owner without probate. Have your lawyer confirm the title before you list.
2
Gather documents and value the estate
Collect the original will, the death certificate, and a full inventory of assets with their fair market values as of the date of death. A professional valuation of the home matters here — the value is sworn to the court and audited later, and undervaluing can create penalties and personal liability for the trustee.
3
File the application and pay Estate Administration Tax
The trustee files the Form 74 series with the Ontario Superior Court of Justice and pays the Estate Administration Tax. This tax is calculated at $15 per $1,000 of estate value over $50,000, and must be paid or secured at the time of filing. (Use the calculator below to estimate it.)
4
Receive the Certificate of Appointment
The court reviews the application, confirms no competing claims or later will exists, and issues the Certificate of Appointment of Estate Trustee. This is the document that grants full authority to sell the home and deal with the assets. In the GTA this step is the main waiting period — see the timeline below.
5
List, sell, and complete the estate
The home can actually be listed before the certificate arrives using a Subject to Probate clause, then sold once it does. After the certificate is issued, the trustee files the Estate Information Return within 180 days, pays remaining debts and taxes, obtains a CRA clearance certificate, and distributes what remains to the beneficiaries.
 Probate Cost

Estimate Your Estate Administration Tax

Ontario's probate tax has no charge on the first $50,000, then $15 for every $1,000 above it (about 1.5%). Enter the estate's value to see the estimate. Assets with named beneficiaries (RRSPs, life insurance) and jointly-held property usually pass outside probate and aren't counted.

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Tip: for a Markham home this is usually the property's fair market value, plus any bank or investment accounts held in the deceased's sole name.

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Estimated Probate Tax
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Effective Rate

Estimate only, based on current Ontario Estate Administration Tax rates. The estate value is rounded up to the nearest $1,000. This is not legal or tax advice — confirm the exact amount with your estate lawyer or ServiceOntario before filing.

Cost & Timeline at a Glance

What to Expect

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The Cost
No tax on the first $50,000. Above that, $15 per $1,000 — roughly 1.5%. A $1,000,000 estate owes $14,250. A $700,000 estate owes about $9,750. Beneficiary-designated and jointly-held assets are generally excluded.
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The Timeline
In 2026, GTA court offices commonly take about 3 to 6 months to issue the certificate. Gathering documents adds a few weeks up front. Settling a straightforward estate end-to-end usually runs 8 to 12 months.
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Small Estates
Estates valued at $150,000 or less may use a simpler Small Estate Certificate with a shorter application. The same tax calculation still applies to the value above $50,000.
Where a REALTOR® Comes In

Selling a Probate Home in Markham

You can list an estate home and accept an offer before probate is granted — you just can't close until the certificate is issued. The tool that makes this work is a "Subject to Probate" clause in the Agreement of Purchase and Sale, which ties the closing date to receiving the certificate and often lets the estate postpone closing if the court runs slow.

This one detail changes everything for an estate. Instead of leaving a home sitting empty for the months it takes the court to process the application — accumulating carrying costs, insurance complications, and risk — the trustee can bring it to market, secure a strong buyer, and simply complete the sale once the certificate arrives.

It has to be done carefully. If an Agreement is signed without the proper probate condition, the estate is effectively promising to deliver clear title on the closing date — and if the certificate hasn't been issued by then, the estate can be in breach of contract. The right clause, written with your lawyer, protects the estate completely. This is exactly the kind of thing a REALTOR® experienced with estate sales handles as a matter of routine.

  • Confirm title and authority first. Before listing, your lawyer verifies how the home is held and who has signing authority — sole ownership, joint tenancy, or a possible first dealings exemption.
  • Price from real value, not guesswork. A defensible fair-market valuation protects the trustee and satisfies the duty to act in the beneficiaries' best interest.
  • You are not forced to sell as-is. An estate trustee's duty is to net the beneficiaries the best result — often light preparation and proper marketing beat an as-is cash offer by far more than they cost.
  • Coordinate the closing to the certificate. The Subject to Probate clause and an extendable closing date keep the sale safe while the court does its part.
  • One point of contact for the family. Estates often involve several beneficiaries — clear, steady communication keeps everyone aligned and reduces friction.
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Working With Michael

A Steady Hand for a Difficult Time

Michael John Lau is a Markham REALTOR® and leader of the Kaizen Real Estate Team at eXp Realty, serving Markham and York Region with 81 five-star reviews. He works regularly with estate trustees and families selling probate and inherited homes — pairing accurate, street-level valuation with the patience these situations call for.

He is not a lawyer and doesn't file your probate application — a licensed estate lawyer does that, and Michael can point you to trusted ones. Where he adds value is everything to do with the home: confirming what it's truly worth, preparing and marketing it to net the estate more, structuring the sale around the probate timeline, and keeping every beneficiary informed from listing to closing.

If you're just starting to sort through what needs to happen, a short conversation can bring a lot of clarity. There's no pressure and no obligation — just straight answers about where to begin.

Common Questions

Probate in Markham, Answered

Probate is the court process that confirms a will is valid and gives the estate trustee legal authority to manage and distribute a deceased person's assets. In Ontario the official term is the Certificate of Appointment of Estate Trustee. Banks, investment firms, and the land registry office generally require this certificate before they will release funds or allow a home to be sold or transferred.
The main cost is the Estate Administration Tax. There is no tax on the first $50,000 of the estate. Above $50,000, the tax is $15 for every $1,000 of estate value — about 1.5%. For example, an estate valued at $1,000,000 owes $14,250. Assets with named beneficiaries such as RRSPs and life insurance, and property held in joint tenancy, generally pass outside probate and are not counted.
Court processing times vary by location. In 2026, busier GTA court offices serving Markham and York Region commonly take about 3 to 6 months to issue the Certificate of Appointment, while smaller offices can be faster. Settling the full estate — gathering assets, paying debts and taxes, and distributing to beneficiaries — often takes 8 to 12 months in a straightforward estate.
You can list the home and accept an offer before the certificate is issued, but you generally cannot close and transfer title until the court grants it. The solution is a Subject to Probate clause in the Agreement of Purchase and Sale that ties the closing date to receiving the certificate, and often lets the estate extend closing if the court is delayed. This lets the home go to market without sitting vacant for months.
Not always. If the property was held in joint tenancy with right of survivorship, it usually passes to the surviving owner without probate. In some cases a technical rule called the first dealings exemption may allow a transfer without probate, but it must be confirmed by the estate lawyer and the real estate lawyer handling registration. The most important first step is to have your lawyer confirm how title is held before you list.
Ontario offers a simplified Small Estate Certificate for estates valued at $150,000 or less, using a shorter application. It gives the estate trustee the same authority to deal with the estate's assets. The standard Estate Administration Tax calculation still applies to the value over $50,000.
No. An estate trustee is not required to sell as-is or to a cash buyer. The trustee's duty is to sell at fair market value in the best interest of the beneficiaries. In many cases, light preparation, cleaning, and proper marketing net the estate significantly more than an as-is cash sale — often more than enough to cover the cost and effort. The right approach depends on the property's condition, the estate's timeline, and the beneficiaries' goals.
 Here to Help

Have a Question About an Estate Home?

Whether you're an estate trustee just getting started or a family deciding what to do with a home, a short conversation can make the path clear. Free, confidential, and no obligation — just honest guidance from a REALTOR® who handles these situations with care.

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