Do I Need Probate to Sell a House After Someone Dies in Ontario?

Often yes, but not always. If the deceased owned the house in their own name, the estate normally has to be probated before the house can be sold.

There are exceptions. A surviving joint tenant registers title through a survivorship application under Land Titles Act s. 123, not through probate, and for deaths on or after March 1, 1986 a Family Law Act statement is also needed. For a small estate, a personal representative can register a transmission without a certificate of appointment with a statement that the estate's total value is not more than $50,000 and a covenant to indemnify the Land Titles Assurance Fund. Buyers' lawyers and title insurers often insist on a certificate anyway, so confirm early.

If the estate is worth $150,000 or less, a Small Estate Certificate (Form 74.1A) may be available, but it covers only the assets listed in it. Where a certificate is issued, Estate Administration Tax applies: nothing on the first $50,000, then $15 for every $1,000 (or part) above that, and jointly held assets passing to the other owner are excluded from the value. A real estate lawyer can confirm what your buyer will accept.