Seller Advice Dave Dubbin July 18, 2026
If the home was in your parent's name alone, you'll generally need probate before the sale can close. In Ontario that means applying to the court for a Certificate of Appointment of Estate Trustee, and it's the step that catches most families off guard, usually right in the middle of grief, when nobody has energy for paperwork. This post walks through how it works and what you can do in the meantime. One thing upfront: we're realtors, not lawyers or accountants, so treat this as a map, not legal advice.
If you're facing this right now and just want to talk to a person, reach out to us. No pressure, no obligation.
Probate confirms that the will is valid and that you have the legal authority to deal with the estate's assets, including the house. When you apply, Ontario charges an estate administration tax: nothing on the first $50,000 of estate value, then $15 for every $1,000 above that, roughly 1.5 percent. On a $1.2 million Etobicoke bungalow, that's a real number, so the house's value matters to the whole estate, not just the sale.
Details and forms are on the Ontario government's estate administration tax page.
A few situations change the picture. If the home was owned jointly with a right of survivorship, it may pass outside the estate entirely. Smaller estates have a simplified process. This is exactly the stuff an estates lawyer sorts out in one meeting.
Here's the part that surprises people: you can usually prepare and even list the property before the certificate arrives, but you can't close without it. Court timelines vary, and they've been slow in Toronto for years. So the practical play is to run the tracks in parallel: start the probate application early, and use that waiting period to get the house ready. Clearing a family home takes longer than anyone expects. Months, sometimes. The probate wait can become useful time instead of dead time.
A word of caution on offers: if you go firm on a sale before probate is granted and the certificate is delayed, you have a problem. Any offer should be conditional on the certificate being issued, and your lawyer should draft that clause.
Families in this situation usually find these helpful too:
If the home was your parent's principal residence, the growth in value during their lifetime is generally sheltered by the principal residence exemption. What can be taxable is the growth between the date of death and the date the estate sells. That's one reason a proper valuation of the home as of the date of death matters. Get one done early. It sets the baseline, and it also tells the family what the house is actually worth before anyone starts negotiating with a buyer, or with each other. An accountant should confirm how this applies to your situation.
The house needs care while the estate is settled. A few things we see missed constantly: tell the insurance company the home is vacant, because standard policies often have vacancy limits. Keep the utilities on. Have someone check the property regularly, especially in winter. And decide early who is the point person for decisions, because "all four siblings must agree on everything by group chat" is not a plan. It's how estates end up listing a year later than they should.
On pricing: an estate sale often draws buyers hoping for a deal on a dated house. A dated house in Alderwood or Markland Wood is still a valuable piece of land in a neighbourhood people want. Knowing what to update, what to leave, and how to price it is where good advice pays for itself.
When the family is ready, we'll tell you what the home is honestly worth. Start with a valuation.
Dave Dubbin & Associates
Etobicoke Real Estate Experts
Real Estate Broker for Etobicoke and Toronto
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