How does buying or selling an estate property in Ontario work?

An estate sale involves selling a property that belonged to someone who has died, with the estate trustee (executor) acting on behalf of the estate. There are some important differences from a typical owner-to-buyer transaction.

For the estate to convey good title, the estate trustee must have authority to sell and be properly appointed. If the deceased had a will naming an estate trustee, that trustee can generally act once they have obtained a Certificate of Appointment of Estate Trustee (probate) from the Ontario Superior Court. The Land Registry Office will require evidence of the trustee's authority — typically a copy of the Certificate of Appointment — before registering a transfer.

As a buyer, there are practical considerations. Estate trustees are not always familiar with the property's history, defects, or past repairs, so sellers in estate transactions often cannot provide the same level of disclosure as an owner-occupant who lived in the home. Buyers should conduct thorough due diligence — home inspection, review of permits and work orders, utility records — to compensate for the trustee's limited knowledge.

The estate trustee has a fiduciary duty to obtain fair market value for the estate. Selling significantly below market value could expose the trustee to personal liability to the beneficiaries. Appraisals and fair market offers are important to protect the trustee.

Delays are common in estate sales when probate has not yet been obtained. Confirm that the trustee has authority before you rely on a closing date.