Is probate needed to sell a deceased person's house in Ontario?

In most cases, yes: if the deceased owned real property, the estate normally has to be probated. The Land Titles Act generally requires the estate trustee to obtain a certificate of appointment before dealing with land after an owner dies.

There is a narrow exception where there is a will: the certificate may be waived if the property was converted by the Ministry and this is the first dealing since conversion, although a covenant to indemnify the Land Titles Assurance Fund is still required. Separately, assets held jointly or with a designated beneficiary pass according to how they are owned or designated, so probate is not always required.

Whether a buyer's lawyer will accept your situation depends on how the property is registered and the facts, so confirm it with a lawyer before listing. If the property is sold only so the proceeds can be distributed, the sale is not valid without the beneficiaries' concurrence, or approval from the Children's Lawyer or the Public Guardian and Trustee. Probate also brings estate administration tax, which is not payable if the estate is worth $50,000 or less.