Can an executor sell the deceased's home or property in Ontario?
Generally, yes. An executor in Ontario has the authority to sell real property as part of winding up the estate, provided the estate has obtained a Certificate of Appointment of Estate Trustee (probate) — which the land registry office requires to transfer title. Without probate, the executor cannot transfer title to a buyer.
The executor's duty is to obtain a fair market price for the property, not necessarily the highest possible price or the beneficiary's preferred price. An executor who sells at a significant undervalue — especially to a related party — risks claims of breach of fiduciary duty. To protect themselves, executors typically list through a licensed real estate agent and document that the price was reasonable.
If the will directs a specific property to a named beneficiary ("I give my home at 123 Main Street to my daughter"), the executor generally cannot sell it unless the estate has insufficient assets to pay its debts. In that case, specific gifts may need to be sold to satisfy creditors before passing the remainder to beneficiaries.
Key takeaways
- Executors generally have authority to sell real property to settle the estate.
- Probate is required before transferring title through the land registry.
- The executor must obtain fair market value — selling to relatives at undervalue risks liability.
- Specific bequests of property are protected unless the estate must sell to pay debts.