January 21, 2026 | Real Estate Advice
Do You Need Probate Before Selling a House in Ontario?
Probate is one of the most common sources of confusion in estate real estate transactions. Executors are often unsure whether probate is required before selling a home—and how it affects timing.
In Ontario, probate is the legal process that confirms the executor’s authority to act on behalf of the estate. Many real estate transactions require probate before they can close.
When Probate Is Commonly Required
Probate is often required when:
- The property is solely in the deceased’s name
- Financial institutions require confirmation of authority
- There are multiple beneficiaries
- There is no joint ownership with right of survivorship
Without probate, buyers and lenders may be unwilling to proceed.
For a broader understanding of executor responsibilities, you may want to review our executor’s guide to selling an estate property in Ontario.
How Probate Impacts Sale Timelines
Probate can take several months to complete. During this time, executors are still responsible for maintaining the property and monitoring market conditions.
Planning the sale around probate timelines helps avoid rushed decisions or extended holding costs.
If the home needs preparation during this period, guidance on how to prepare an estate home for sale in Ontario can help ensure efforts are cost-effective.
🔗 Learn More
Probate is just one part of the process covered in our estate sales and inherited property in Ontario resource.
Blog FAQs
Yes. Probate can impact closing timelines, which is why planning ahead is important.
Depending on contract terms, buyers may have the right to terminate if probate conditions aren’t met.
Selling an estate property involves more than market value alone. Understanding authority and timing can help reduce stress and avoid delays. Click here to schedule a confidential meeting with one of our real estate experts to discuss your specific situation.
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