Does an Ontario home need to go through probate when the owner dies?

Whether an Ontario home must go through probate depends on how it is owned at the time of death. "Probate" refers to the court process of obtaining a Certificate of Appointment of Estate Trustee (formerly called Letters Probate), which authorizes someone to administer a deceased person's estate and is needed before many institutions will release assets.

If the home is registered in joint tenancy with a right of survivorship, title passes automatically to the surviving joint tenant on death — no probate is required for the property transfer itself. The surviving owner registers the change of title at the Land Registry Office using a death certificate and a survivorship application.

If the home is in the deceased's name alone or as a tenant in common, it forms part of the estate and typically must pass through the estate administration process. The Land Registry Office requires a Certificate of Appointment before it will register a transfer of title to beneficiaries or an estate sale. The exception is where a small estate process applies, though this has limits.

The estate trustee (executor) pays the estate administration tax (a form of probate fee) based on the total value of the estate, including the property. Planning ahead — through joint tenancy with a spouse, or alternative estate planning tools — can sometimes avoid this cost and delay.